PCHR_Collective Punishment of the Civilian Population

8/8/2019 PCHR_Collective Punishment of the Civilian Population

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Palestinian Centre for Human Rights

Gaza City29 Omar El Mukhtar Street, Near Amal Hotel, P.O.Box 1328

Tel/Fax: +972 8 2824 776 / +972 8 2825 893

Khan Yunis Branch El Amal Street, Branch of Jamal Abdul-Nasser Street,near the College of Education

Tel/Fax: +972 8 2061 025 / +972 8 2061 035


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The PaleSTInIan CenTre for human rIGhTS

Te Palesinian Cenre or Human ighs is an independen non-pro legal agency based in Gaza ciy. Te Cenrewas esablished in April 1995 by a group o Palesinian lawyers and human righs aciviss in order o proec humanrighs and promoe he rule o law in accordance wih inernaional sandards, creae and develop democraicinsiuions and an acive civil sociey in Palesine in accordance wih inernaionally acceped sandards andpracices and suppor all eors aimed a enabling he Palesinian people o exercise heir inalienable righs accordingo inernaional law.

Te Cenre enjoys Consulaive Saus wih he ECOSOC o he Unied Naions. I was graned hreeinernaional prominen awards or is eors in he eld o human righs:

Te 1996 French epublic Award on Human ighs; and Te 2002 Bruno Kreisky Award or Ousanding Achievemens in he Area o Human ighs; and Te 2003 Inernaional Service Human ighs Award (UNAIS).

Te Cenre has wide relaionships wih human righs and civil sociey organizaions hroughou he world. I is analiae o ve inernaional and Arab human righs organizaions, which are acive in he inernaional arena:

(1) International Commission of JuristsTe Inernaional Commission o Juriss (ICJ), headquarered in Geneva, is a non-governmenal organisaion inconsulaive saus wih he Unied Naions Economic and Social Council, UNESCO, and he Council o Europe

and he OAU. Founded in 1952, is ask is o deend he rule o law hroughou he world and o work owards heull observance o he provisions in he Universal Declaraion o Human ighs. is membership is composed osixy eminen juriss who are represenaives o he dieren legal sysems o he world.

(2) Federation Internationale des Ligues des Droits de lHommeTe Federaion Inernaionale des Ligues des Drois de lHomme (FIDH) is an inernaional non-governmenalorganisaion dedicaed o he world-wide deence o human righs as dened by he Universal Declaraion oHuman ighs o 1948. Founded in 1922, FIDH has eighy-nine naional aliaes in all regions.

(3) Euro-Mediterranean Human Rights Network

Te Euro-Medierranean Human ighs Nework (Euro-Med Nework) is a nework o human righs organisaions andindividuals rom he Middle Eas, Norh Arica and he European Union, esablished in 1997. Te overall objecive o heNework is o conribue o he proecion o he human righs principles embodied in he Barcelona Declaraion o 1995.

(4) International Legal Assistance Consortium (ILAC)Te Inernaional Legal Assisance Consorium (ILAC) is one o he mos imporan inernaional legal bodies. Iis specialized in legal and judicial raining. I includes more han 30 members o disinguished legal organizaionshroughou he world, including American Bar Associaion; Arab Lawyers Union; and Bar Council o England and

Wales.

(5) Te Arab Organization for Human RightsI is an NGO ounded in 1983. I calls or respec and promoion o human and people righs and undamenalreedoms in he Arab World or all individuals on is land in accordance wih inernaional human righsinsrumens. Te Organizaion signed an agreemen wih Egyp in May 2000, according o which is headquarer

was moved rom Limassol in Cyprus o Cairo.

(6) World Coalition against the Death Penalty


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admInISTraTIve Board

aji Sourani

Jaber WishahIyad AlamiHamdi Shaqqura

Director General: Raji Sourani

Te Palesinian Cenre or Human ighs is an independen legal body dedicaed o he proeciono human righs, he promoion o he rule o law, and he upholding o democraic principles in heOccupied erriories. Mos o he Cenres aciviies and ineress concenrae on he Gaza Sripdue o he resricion on movemen beween he Wes Bank and Gaza Srip imposed by he Israeligovernmen and is miliary apparaus.

fundInG of The CenTre

Te Cenre is unded by he generous conribuions o a number o inernaional non-governmenalorganizaions in he elds o human righs, democracy, and social jusice and a number o

Governmens which has riendly relaionships wih he Palesinian people. PCH highly appreciaeshe conribuions o unding organizaions, especially:

Oxam NOVIB Holland

Royal Danish Representative Ofce Rammallah

Swiss Agency or Development and Cooperation SDC

Swedish International Development Cooperation Agency SIDA

Representative Ofce o the Kingdom o the Netherland to the Palestinian Authority

European Union

Open Society Institute U.S.A

Christian Aid U.K

Dan Church Aid Denmark

Grassroots International U.S.A

Representative Ofce o Norway

Irish Aid

Kvinna Till Kvinna Sweden

Al Quds Association Malaga Spain

Trocaire Ireland

Denis OBrien Ireland

CARE International West Bank and Gaza

ACSUR


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TaBle of ConTenTS

Executive Summary

Introduction

Structure o the Report

I. Te Reality o the Closure

1. Te longstanding closure policy as imposed by

Israel on the oPt2. Te absolute closure o the Gaza Strip

2.1 Gaza Border Crossings: Overview

2.2 Israels oal conrol o he Gaza borders2.3 More han hree years o absolue closure

Box 1: Te Closure o he aah Crossing and he Agreemenon Movemen and Access o 2005

2.3.1 esricions on he movemen o persons2.3.2 A dicul journey: raveling abroad rom Gaza

Box 2:When Gaza had an Airpor

2.3.3 esricions on he movemen o goods

2.4 Gazas border crossings remain virually sealednowihsanding he alleged June 2010 easing o he

closure

3. Te devastating combined efect o the closureand Israels military ofensive on the Gaza Strip

o 27 December 2008 18 January 2009

II. Te Illegality o the Closure

4. Recognition o the illegality o the current

absolute closure

4.1 Legal Saus o he Gaza Srip as occupied erriory and

applicabiliy o occupaion lawBox 3: Israels conrol o he Palesinian Populaion egisry

4.2 Israels obligaion as an Occupying Power and he illegaliy

o he closure under IHL

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7TheIllegalClosureoftheGazaStrip:Co

llectivePunishmentoftheCivilian

Population

exeCuTIve Summary

In June 2007, ollowing he Hamas akeover, Israel imposed an absolueclosure on he Gaza Srip. For more han hree years, his mos exreme ormo closure has been coninuously applied o he so-called hosile eniy hais he Gaza Srip, cuting o 1.7 million individuals rom he ouside world.

Palesinian civilians are illegally denied access o heir basic needs, including

ood, medicine, uel, elecriciy and oher necessary commodiies.

As a rule Palesinians are no allowed o ravel in and ou o Gaza, wih ewexcepions mainly or humaniarian reasons (mosly paiens needing liesaving medical reamens). Sudens are no allowed o atend universiyprograms abroad, or in he Wes Bank; amilies are divided and unable o visieach oher even wihin he Palesinian erriory; raders and businessmen are

prevened rom doing heir business. Only a small, ighly regulaed, numbero inernaionals are allowed ino Gaza under a sric sysem o permis.

For he pas hree and hal years he impor o goods ino Gaza has beenprohibied by he Israeli auhoriies, wih only limied quaniies o basicgoods, mainly ood, al lowed enry or humaniarian reasons. Israel has alsoimposed a oal ban on he expors o he Gaza Srips producs, desroying

he economic secor and generaing dependency. Only limied quaniieso wo goods, owers and srawberries, were allowed o be sporadicallyexpored hanks o specic inernaional mediaion.

Te eecs o he curren absolue closure o Gaza have been exacerbaed by Israels 27 December 2008-18 January 2009 miliary operaion(codenamed operaion Cas Lead by he Israeli miliary). Te oensivecaused he deah o 1,419 Palesinians, 1,167 o whom (82%) were civiliansno aking par in hosiliies and he injury o a urher 5,300 and resuledin he exensive desrucion o houses and civilian inrasrucure, includingschools, hospials, and indusry.


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Population

By denying a people heir abiliy o work and heir righ o move; by deprivingamilies o he abiliy o rebuild heir homes which have been reducedo rubble; and by orcing individuals o give up generaions-old amilyradiions, an enire populaion is being reduced o a humaniarian problem.o his end, he mos proound impac o he closure canno be described

by gures or saisics. Te sysemaic humiliaion, inimidaion and generaldegradaion ha are he resul o Israels measures and resricions erode he

very abric o lie or he people o Gaza and deprive hem o heir very humandigniy.

95% o he 3,900 indusrial esablishmens in he Gaza Srip have closedor suspended heir work due o he resricions placed on he impor oraw maerials and as a resul o he inabiliy o expor heir producs. Teremaining 5% work a 20-50% o heir capaciy.

Te decimaion o Gazas indusry has resuled in he loss o beween 100,000-120,000 jobs. Afer he miliary oensive o December 2008-January 2009,only 1,878 individuals, o 65,000 employed prior o he curren closure,coninue o be employed in he indusrial secor in Gaza.

Israels unilaeral imposiion o a growing buer zone all along he Gazaborders, as a no-go area implemened wih open re, currenly renders 17%

o Gaza erriory or 35% o is agriculural land no accessible or accessibleonly under high risk o being sho by Israeli miliary orces. A sea, Israelallows shing only ou o 3 nauical miles, despie he limi o 20 nauicalmiles esablished under he Oslo Accords. Tis has urher drasicallynegaively impaced upon he agriculural and shing secor on whichhousands o amilies depend economically.

Tis repor ocuses on he Gaza Srip and on he excepionally sriccondiions o closure imposed by Israel over he pas hree and hal years.However he siuaion in Gaza canno be isolaed rom he overall conexo he occupaion o he Palesinian erriory. Equally, he closure policy isno a new phenomenon or one ha is limied o he Gaza Srip. Israel has

b d h d P l ( P ) ll l l


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o he Palesinian Legislaive Council have been resriced rom raveling inand ou o Gaza. Te vas majoriy o Palesinians living in he Wes Bankhave never visied he Gaza Srip, as hey are prevened rom doing so. Anenire generaion o Gazans has never visied he res o he Palesinianerriory, le alone he world beyond he Palesinian erriory.

PCH believes ha Israel has pursued numerous aims hrough heimposiion o hese closures on he occupied Palesinian erriory, whichare one o he ools used by he occupying power o implemen a policy oseparaion, ragmenaion and isolaion o he occupied erriory and o isinhabians.

An eviden direc implicaion o Israels closure policy is he growingseparaion inside he Palesinian erriory and among he Palesinianpeople. Te inernal poliical implicaions o his separaion, orced closure

and isolaion are eviden oday. Ulimaely, PCH nds ha he closureperpeuaes he long-sanding denial o sel-deerminaion o he Palesinianpeople.

Mos o all Israeli policy o closure exhibis a srongly puniive and reprisorycharacer: he closure is imposed collecively as a means o economic

warare, violaing inernaional law which unequivocally prohibis collecive

punishmen and reprisals agains civilians (Ar. 33 I V Geneva Convenion).Te Inernaional Commitee o he ed Cross clearly saed ha:

Te whole o Gazas civilian populaion is being punished oracs or which hey bear no responsibiliy. Te closure hereoreconsiues a collecive punishmen imposed in clear violaion oIsraels obligaions under inernaional humaniarian law.

Tis repor deails he Israeli auhoriies responsibiliies or heimplemenaion o his illegal closure policy, which violaes undamenalprinciples o inernaional humaniarian law and he mos basic humanrighs o he Palesinian populaion o Gaza. In he words o he UN FacF d M h G C l d b J h d G ld


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afer he miliary operaion, cumulaively indicae he inenion

o inic collecive punishmen on he people o he Gaza Srip inviolaion o inernaional humaniarian law.

Te closure is prohibied as a orm o collecive punishmen and resuls inhe inicion o grea suering on he civilian populaion, which is a grave

breach o he Geneva Convenions. I is a crime ha enails individualcriminal responsibiliy or hose involved in his policy a various levels,

especially a he level o planning, organizaion, and acive implemenaiono he closure. Ulimaely, he closure may amoun o persecuion, which is acrime agains humaniy.

PCH reieraes ha nohing has subsanially changed afer he allegedeasing o he closure, announced by Israel in June 2010 (afer he deadlyFlotilla atack). As a very recen independen repor co-signed by a number

o inernaional NGOs has horoughly deailed, he measures aken by Israelio allegedly ease he closure are no eecive and Israel ailed o address heroo causes o he socio-economic crisis o Gaza.

Moreover PCH highlighs ha he parial easing o he resricionsimplemened by Israel does no deal wih he mos imporan aspec, whichis he reedom o movemen also as a precondiion or he enjoymen o

many oher undamenal righs - o he imprisoned populaion o Gaza andhe resoraion o heir human digniy.Te Inernaional Fac Finding Mission mandaed by he UN o invesigaehe 31 May 2010 Israeli atack on he oilla carrying humaniarianassisance o Gaza, concluded ha he siuaion in he Gaza Srip isdeplorable, unsusainable and oally inolerable and unaccepable in he21s Cenury. Te closure is unlawul and canno be susained in law. Tisis so regardless o he grounds on which i is sough o jusiy he legaliy ohe blockade.

Te Inernaional communiy has he duy o ake measures o pu an end


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By ailing o do so he inernaional communiy bears responsibiliy or heinenionally manuacured socio-economical crisis ha is progressivelydesroying Gaza, and depriving is people o heir mos undamenalhuman righs and digniy .


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InTroduCTIon

Structure o the Report

Te presen repor is divided ino hree secions:

(i) Te rs secion, on he ealiy o he Closure, provides anoverview o he siuaion in he Gaza Srip, which is sill under

Israeli miliary occupaion and compleely dependen uponIsrael. I describes he closure pracices implemened by Israelagains he local populaion.

(ii) Te second secion, on he Illegaliy o he Closure, analyseshe resricions imposed by Israel in he ligh o inernaionalhumaniarian law and human righs law.

(iii) Finally, he hird secion, on he Socio-economic impac ohe Closure deails he worsening o he socio-economicsiuaion as a resul o he closure, and is disasrous impacon he undamenal human righs o he enire populaiono Gaza. Indeed, he mos proound impac o he Israeli-imposed resricions is on he human digniy o he Palesinian

populaion. Tis impac, alhough dicul o calculae, isapparen and aecs every aspec o lie in Gaza.

Israel has subjeced he occupied Palesinian erriory (oP), including heGaza Srip, o an illegal policy o closure or almos wo decades.

In June 2007, ollowing he Hamas akeover o he Gaza Srip, Israel imposedhe curren oal closure on he Srip. For more han hree years, his mosexreme orm o closure has been coninuously applied o he so-declaredhosile eniy1 ha is he Gaza Srip, cuting o is inhabians rom heouside world. Palesinian civilians are illegally denied access o heir


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Population

Te eecs o he closure have been exacerbaed by Israels 27 December2008-18 January 2009 miliary operaion (codenamed operaion Cas Lead

by he Israeli miliary). Te oensive caused he deah o 1,419 Palesinians,1,167 o whom were civilians no aking par in hosiliies2 (including 111

women, 318 children) and he injury o a urher 5,300 (1,600 childrenand 830 women) and resuled in he exensive desrucion o houses andcivilian inrasrucure, including schools, hospials, and indusry. Since heoensive, and in violaion o UN Securiy Council esoluion 1860 (2009)3,Israel has ailed o open he borders o Gaza, hus impeding he passage ogoods necessary or reconsrucion.

Palesinian residens in Gaza are no allowed o leave he erriory, goods areno allowed o be expored and impors have been reduced o an excessivelylimied caegory o iems in quaniies dramaically insucien o ulllhe needs o he approximaely 1.7 million populaion o he Srip.4 In

imposing his draconian closure policy Israel has manuacured a chronichumaniarian crisis, or which Israeli auhoriies mus be held accounable.

As saed by he Inernaional Fac Finding Mission mandaed by he UN oinvesigae he 31 May 2010 Israeli atack on he oilla carrying humaniarianassisance o Gaza5 , he siuaion in he Srip is deplorable, unsusainableand oally inolerable and unaccepable in he 21s Cenury.6 Te closure is

unlawul and canno be susained in law. Tis is so regardless o he groundson which i is sough o jusi y he legaliy o he blockade.7

Indeed Israeli auhoriies are responsible or he implemenaion o he

2 Tese gures include he 251 non-combaan police ocers who were killed during heoensive.

3 S/ES/1860 (2009) o 8 January 2009, available a:

htp://daccess-ods.un.org/MP/2524654.hml.4 Figures abou he populaion o he Gaza Srip are no available: saisics indicaed 1.5

million almos hree years ago, wih a grow-rae o 3.4%.5 See he epor o he Inernaional ac-nding mission o invesigae violaions o

inernaional law, including inernaional humaniarian and human righs law, resulingrom he Israeli atacks on he oilla o ships carrying humaniarian assisance(hereinafer: he UN Fac Finding Mission on he Floilla inciden) A/HC/15/21


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illegal closure policy which violaes undamenal principles o inernaionalhumaniarian law and he mos basic human righs o he Palesinianpopulaion o Gaza. Te UN Fac Finding Mission on he Gaza Conic,led by Jusice ichard Goldsone,8 concluded ha:

Te condiions o lie in Gaza, resuling rom deliberae acions ohe Israeli armed orces and he declared policies o he Governmeno Israel as hey were presened by is auhorized and legiimaerepresenaives wih regard o he Gaza Srip beore, during andafer he miliary operaion, cumulaively indicae he ineniono inic collecive punishmen on he people o he Gaza Srip in

violaion o inernaional humaniarian law.9

Similarly, he UN ac-nding mission on he Floilla inciden poined ouha:

Te blockade amouns o collecive punishmen in violaion oIsraels legal obligaions under inernaional humaniarian law.10

Tis repor ocuses on he Gaza Srip and on he excepionally sriccondiions o closure imposed by Israel on his erriory over he pas hree

years. However he siuaion in Gaza canno be isolaed rom he overall

conex o he occupaion o he Palesinian erriory and he policy oclosures can by no means be considered a new phenomenon or one ha islimied o he Gaza Srip.


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I. The realITy of The CloSure

1.1 Te longstanding closure policy as imposed by Israel onthe oPt

Te ongoing closure imposed on he Gaza Srip since June 2007 atracssignican inernaional atenion as a resul o is exreme severiy. However,closures are no a new eaure o Israels policy owards he oP. Closures

have been imposed o varying degrees since he beginning o he miliaryoccupaion in 1967.11 Following a series o sric closures imposed byIsrael on he Gaza Srip in 1996, he Palesinian Cenre or Human ighs(PCH) esablished a Closure Monioring eam which has moniored andrepored on he eecs o hese closures in regular Closure Updaes.12

Closure reers o Israels imposiion o border resricions around he oP as

a whole, or resriced areas, such as he curren closure o he Gaza Srip;his policy is enorced by Israels armed orces. Closures encompass varyingdegrees o conrol on he movemen o all goods, people and vehicles,paricularly bu no limied o - across he Green Line, i.e. he armisice lineo 1949. Israels closure policy is applied a hree levels wih varying degreeso severiy:

i. General closure: is he leas resricive, imposed a he ouse o heoccupaion i has been in place ever since on he occupied Palesinianerriory. I allows Israel o conrol he movemen o Palesinians livingin he occupied erriory;

ii. Strict closure: a resricive ighening o he closure which allowsvery litle movemen, usually only ha o a humaniarian naure. I has

been applied more requenly since 1989, and in paricular since he re-deploymen o Israeli roops in he Gaza Srip in May 1994;

iii. Absolute closure: he mos resricive orm o closure which was rsimposed in 1996 or limied periods o ime.13 An absolue closure has


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Israel osensibly jusies is closure policy on he basis o miliaryconsideraions and naional securiy. However, i is apparen ha in manycases and specically wih regard o he ongoing closure imposed onGaza - his argumen is used as a preex and, as will be shown in his repor,resricions on he movemen o persons and goods do no eecivelyrespond o securiy requiremens bu raher consiue a orm o collecivepunishmen (see infa section 5).

In he pas closures were imposed as acs o reribuion or realiaionin response o specic incidens or atacks carried ou by Palesinianmiliary and resisance groups and lased or a limied period o ime. 14 Teresricions on he reedom o movemen became more sringen wihhe oubreak o he second Iniada in Sepember 2000. Israel drasicallyresriced he access o Palesinians rom Gaza o Israel and he Wes Bank

by canceling exising permis and haling he issuance o new ones. Te

number o workers enering Israel daily hrough Erez crossing dropped rommore han 20,000 in Sepember 1999, o less han 900 in December 2000,and virually 0 in 2006.15

Te siuaion deerioraed urher afer he Israeli miliary disengagemenrom he Gaza Srip in Sepember 2005. As noed by he UN Oce orhe Coordinaion o Humaniarian Aairs (OCHA) Coinciding wih

he Israeli disengagemen rom he Gaza Srip, movemen hrough Erezcrossing was severely resriced since 13 Augus [2005] wih only a verylimied number o Palesinian workers and raders allowed access ino Israeland only a small number o acory owners allowed access ino he ErezIndusrial Zone (EIZ).16 Moreover, ollowing an atack on 24 Sepember2005, when Palesinian milians red homemade rockes rom he GazaSrip ino Israel, injuring six Israelis, anoher absolue closure was imposed

on all Palesinians in Gaza.Te resricions on Palesinians reedom o movemen will be addressed inmore deail in he secion o his repor addressing he illegaliy o he closure

14 Israel imposed he rs absolue closure on he Gaza Srip on 25 February 1996 in response o wosuicide bomb atacks in Ashkelon and Jerusalem carried ou by resisance aciviss. Oher absolue


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collecively, violaing inernaional law which unequivocally prohibiscollecive punishmen and reprisal agains civilians (see infa sections 5.2 and 6).

2. Te absolute closure o the Gaza Strip

2.1 Gaza Border Crossings: Overview18


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2.2 Israels total control o the Gaza borders

Israel direcly conrols he 5 border crossings beween is erriory and heGaza Srip:

Erez (Beit Hanoun) crossing: Pedesrian rac. Nahal Oz (El Shijia) crossing: Indusrial uel/gas. Karni (Al-Mentar) crossing: Conveyor bel or grains. Sufa (Sofa) crossing: Humaniarian goods/consrucion maerials. Karem Shalom (Karm Abu Salem) crossing: All auhorized goods.

Israel also indirecly conrols he Egypian-Palesinian border in he Souho he Gaza Srip:

Rafah International crossing point: Pedesrian rac.

Under he erms o he Agreemen on Movemen and Access,19 Israel exersulimae conrol over he opening o aah crossing ( see infa, Box 1 Teclosure o the Raah crossing and the Agreement on Movement and

Access o 2005).

Finally, Israel reains exclusive conrol on he aerial and he naval space o

he Gaza Srip. As saed in he Israeli disengagemen plan, Israel will holdsole conrol o Gaza airspace and wil l coninue o carry ou miliary aciviyin he waers o he Gaza Srip. 20

2.3 More than three years o absolute closure

For he pas hree years, ollowing Hamas akeover o he Srip in June

2007, Israel has imposed very severe resricions on all o he Gaza Sripscrossings. As a rule Palesinians are no allowed o ravel in and ou o Gaza, wih ew excepions mainly or humaniarian reasons (mosly paiensneeding lie saving medical reamens), and only a small, ighly regulaed,number o inernaionals are allowed ino Gaza o work as employees ohumaniarian organizaions regisered in Israel inernaional NGOs or he


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Population

For he pas hree years he impor o goods ino Gaza has been prohibiedby he Israeli auhoriies, wih only limied quaniies o basic goods, mainlyood, allowed or humaniarian reasons (see infa section 2.3.3). Israel has alsoimposed a oal ban on he expors o Gaza Srips producs or manuacures.Only sporadically limied quaniies o wo goods, owers and srawberries,

were allowed o be expored hanks o an agreemen brokered by he Duchgovernmen; however, even on hose occasions when permission wasgraned, he acual expors did no exceed 20% and 4% respecively o hequaniies prepared or ranspor.

Te ollowing is a brie overview o Gazas border crossings in he pas years21:

Erez crossing, which is he only pedesrian crossing poin beween Israeland he Gaza Srip, has been compleely and coninuously closed oGazan civilians wishing o ravel o he Wes Bank, Israel or abroad, since

15 June 2007, immediaely ollowing Hamas akeover o he Gaza Srip.Since hen, Israeli auhoriies have permited only specic caegories opeople o ravel ou o Gaza via Erez crossing, under very complicaedprocedures which ofen involve degrading reamen. Tese caegoriesinclude medical paiens suering rom lie hreaening illnesses.22 Teaccess o Gaza via Israel has been resriced essenially o a selecednumber o employees o inernaional humaniarian organizaions

regisered in Israel, UN ocials, diplomas and oreign journaliss, whohave o go hrough a sric sysem o permis Nahal Oz and Karni crossings are gradually being closed, making Karem

Shalom he main crossing or goods ino Gaza, alhough is capaciy isno sucien o suppor even he passage o he limied goods currenlyallowed or impor.

Sua crossing which had been used or he delivery o consrucion

maerials was closed afer 15 June 2007. Some humaniarian aidconsignmens were allowed ino he Gaza Srip hrough he Soa crossingunil November 2008, when he crossing was compleely closed.

aah Inernaional Crossing Poin, connecing he Gaza Srip wihEgyp, has been almos coninuously closed since June 2007, opening

l d ll h F M 2010


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he crossing opened or 6 days afer a coninuous closure o 78 dayswhich impeded even he paiens reerred or medical reamen abroadrom reaching hospials in Egyp.23 From 12 June 2007 o May 2010 hecrossing was closed or a oal o 1018 days.24 Since June 201025 he aahcrossing is osensibly open; however, ravel is limied o hose sameresriced caegories o people ha were allowed beore. As a resul o heongoing closure o he crossing poin, housands o Palesinians wishingo ravel o and rom he Gaza Srip are prevened rom doing so. Whenaah crossing was parially open, i winessed congesion due o hehigh number o ravelers, especially medical paiens, who endure longhours wai a he crossing gaes.26 Te Palesinian Crossing and Borderauhoriies in Gaza have recenly inormed ha he opening days o hecrossing will be reduced rom 7 o 5 days a week. 27

23 Ibid.24 See PCHs periodic repor, Sae o he Border Crossings, available a www.pchrgaza.


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Box 1

Te closure o the Raah crossing and the Agreement

on Movement and Access o 2005

From 19491 unil 1967 he Gaza Srip was under Egypian rule.During hose years i was possible o ravel by rain or by car rom

Cairo o Gaza hrough he Sinai Peninsula; raveling o and romGaza was subjec o a permi issued by he Egypian securiyauhoriies. Te Gaza Srip was declared a closed miliary area in1967, ollowing he Israeli miliary occupaion, and ravel ou ohe Srip became dependen on he approval o he Israeli miliarycommander. In 1982, when Israeli roops wihdrew rom he Sinaipeninsula, he Raah crossing was opened under Israeli conrol.2

Over ime i became increasingly dicul o obain a permi ocross Erez, and since 2000 i has been virually impossible or heoverwhelming majoriy o Palesinians o obain a permi o crosshe Israeli border.3 Tus he Raah border wih Egyp has long beenhe only pracicable i remoe possibiliy o ravel ou o Gaza.

Following he Sepember 2005 disengagemen o Israeli orces rom

he Gaza Srip which also removed he Israeli miliary presencerom he Egypian-Palesinian border on 15 November 2005Israel and he Palesinian Auhoriy (PA) signed he Agreemenon Movemen and Access (AMA). Te agreemen was mediaed

by he US and he EU. Egyp is no a pary o agreemen nor wasi an ocial pary o he negoiaions (alhough i paricipaed inhe works). According o he AMA: aah will be operaed by he

Palesinian Auhoriy on is side and Egyp on is side, accordingo inernaional sandards. Te PAs work, on he Palesinian sideo he border, is placed under he supervision o he EU.

On paper, he AMA was inended o give he Palesinian peoplereedom o move rade live normal lives and o gran he PA


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Population

i. Te crossing was requenly closed by Israel due o incidens

unrelaed o he crossing isel; ollowing he capure o heIsraeli soldier Shali, on 25 June 2006 Israel closed he aah

border. In ha year, unil June 2007 when he agreemen wasindeniely suspended, aah was closed or 265 days.

ii. Crossing hrough aah is only permited or holders oPalesinian IDs, i.e. individuals regisered in he Palesinianpopulaion regisry.

iii. Trough is conrol o he Palesinian populaion regisry,Israel coninues o indirecly deermine who is allowed ocross aah (many residens o Gaza have been unable oobain IDs and so canno ravel);

iv. Israel reained he power o preven he passage o Palesinianson he basis o securiy grounds and o veo he passage ooreigners.5 In principle oreigners (i.e. no carrying Palesinian

ID or passpor) are no allowed o ener Gaza hrough Egyp bu need o obain an Israeli enrance visa and Israeli permio cross Erez. Te agreemen liss excepional caegories ooreign naionals allowed o ener he Gaza Srip hroughRaah: diplomas, oreign invesors, employees o inernaionalorganizaions, humaniarian workers and oreign journaliss. Wih regard o such ravelers, according o he erms o he

AMA, he PA mus inorm Israel in advance: i is Israel ha deaco makes he nal decision on he enry o Gaza hrough heRaah crossing o hese caegories o persons.

In June 2007 Israel announced he reezing o he crossing agreemen.Since June 2007 he people o Gaza have been eecively denied accesso he ouside world boh rom Erez and Raah crossings. Alhough

since June 2010 he Egypian auhoriy has declared he opening o heRaah crossing, raveling o and rom Egyp remains an excepionalcase or he local populaion. In ac he coordinaion wih he Egypianauhoriies, which was already dicul in he pas, became de aco


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Population

Box 2

When Gaza had an Airport

While giving ull conrol over Gazas airspace o Israel, he Oslo Accords allowed or he consrucion o a Palesinian airpor.Inauguraed in 1998, he Araa Inernaional airpor provided a

limied number o weekly ighs o Arab counries. ransporedby bus o he aah Crossing, passengers were checked alongsidehose leaving or Egyp by land (i.e. under he supervision andconrol o he Israeli auhoriies). On 8 Ocober 2000 Israelclosed down he airpor afer he oubreak o he Second Iniadaand i has no reopened since. Israel has repeaedly bombed heairpor since December 2001 and used i as a miliary base unil

he compleion o he disengagemen plan in 2005, when Israelisoldiers reporedly vandalized he building. Alhough no in useanymore Israeli orces sill requenly bomb he airpor premises,

which are compleely abandoned.

Gaza Inernaional A irpor, 1998


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Population

Gaza Inernaional Airpor, 2010

Apar rom he shor lie-span o Araa inernaional airpor, he land

crossings have been he only means hrough which o ener or leave heGaza Srip. A projec exised or he consrucion o an inernaional por,

which was also included in he Agreemen on Movemen and Access o2005, however Israel never genuinely suppored is consrucion. In he endhe worsening o he poliical siuaion and Israeli atacks on he exisingpor inrasrucure blocked he projec.

Te only possibiliy or exernal ravel is hereore across he land borders,eiher via Erez crossing o Israel (and hen o Jordan), or via he aahcrossing o Egyp.

Via Erez: Gazans wishing o ravel abroad, need o obain a permirom he Israeli auhoriies, allowing hem o cross hrough Erez andhen direcly o Jordan. Anoher possibiliy would be o reach he Ben-Gurion airpor in Israel (approximaely 40 km rom Gaza) bu hishas become only a heoreical opion, since Palesinians are generallydenied enry ino Israel.

Via Rafah: Te process o obaining a permi o leave Gaza via aah,is complicaed, and only in excepional cases is a permi issued. In he


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Population

number o persons, including people holding inernaional passpors, whohave been allowed o visi Gaza, or any reason. Te Gaza Srip has beeneecively sealed o rom he ouside world.

2.3.3Restrictions on the movement o goods

As one o he main eaures o he illegal closure policy imposed since June2007, he impor o goods ino Gaza has been prohibied. Unil June 2010only excepionally limied quaniies o impors were allowed, specicallyhose deemed by he Israeli auhoriies as humaniarian goods. Indeed i isunclear how he Israeli auhoriies deermined he lis o limied iems whichare allowed ino Gaza; he exisence isel o such a lis has been acually puin serious doub (see infa secion 5).

On 17 June 2010, consequen o inernaional pressure ollowing Israels deadlyatack on he Gaza Freedom Floilla, he Israeli Securiy Cabine35 claimedo have begun easing he closure, by enlarging he lis o goods allowed o geino Gaza and by creaing a lis o prohibied iems o replace he previous liso permited iems. A he ime o wriing, however, no signican seps have been aken by Israel in order o ease he closure and i is sill unclear whaconcree measures will be aken by Israel (see infa section 2.4)

Te original lis o permited iems apparenly consised o an exremelyresriced caegory o goods, approximaely 40, mosly oodsus and oherbasic iems. As documened by he Israeli organizaion Gisha, he lis wasgradually expanded over ime and, prior o June 2010, i seemed o includeapproximaely 100 goods which were allowed ino Gaza (see infa section 5.1).

Wha is clear is ha he ype and amoun o goods allowed ino Gaza over

he pas years has been wholly insucien wih respec o he needs o hepopulaion o he Gaza Srip. As shown by he graphics below, over 2009 inaverage only 2,180 ruckloads o goods have been allowed ino Gaza eachmonh, compared o an average o 10,400 ruckloads which enered Gaza

beore he imposiion o he absolue closure36.


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Population

In 2010 he monhly average o ruckloads was 3,034, ar below he needs ohe local populaion.37

Following a decision o he Israeli governmen in Sepember 2007, hesupply o elecriciy and uel ino Gaza has been dramaically reduced, in

blaan violaion o Israels obligaions as an Occupying Power responsibleor he well-being o he populaion in occupied erriory. Tis illegaldecision, which has been challenged by a group o Israeli and Palesinianorganisaions, including PCH, has been endorsed by he Israeli HighCour o Jusice (see inra secions 5.1 and 6.1). On average, only 8,000housand lires o uel (o 18 000 needed) are impored each monh well


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Population

As deailed in his repor, such resricions on he enry o goods and o uel,

in paricular, orm par o an illegal policy o economic warare ha heSae o Israel is inenionally implemening agains he Palesinian civilianpopulaion (see inra secion 5.1).

Tis policy is conrary o Israels obligaion as an occupying power underinernaional humaniarian law, and also violaes he undamenal humanrighs o he people o Gaza39.

2.4 Gazas border crossings remain virtually sealednotwithstanding the alleged June 2010 easing o theclosure

Te 31 May 2010 Israeli atack on he Gaza Freedom Floilla ininernaional waers, which resuled in he killing o nine civilians (8 urkish

and 1 American) and he wounding o many more,40

emporarily ocusedhe worlds atenion on he suering o he Palesinian populaion in Gazaand he violaion o heir righs.

As an immediae reacion o his ragic even he Egypian auhoriiesd h d h h A h


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Population

wriing (December 2010) he crossing is osensibly open. However, i musbe emphasized ha he crossing canno be considered acually open: peopleand goods are sill no ree o ge in and ou o Gaza. On he conrary, hecrossing remains almos compleely closed wih only a limied caegory oindividuals allowed o use he pedesrian crossing and is compleely closedor goods and vehicles. I remains exremely complicaed o ge he necessarycoordinaion o be allowed ino and ou o Gaza hrough he aah crossingand he realiy is ha or he overwhelming majoriy o Gazans nohing haschanged.

Equally, new inernaional pressure has been exered on Israel in order opu an end o he closure. In l ine wih a proposal pu orward by he Quareepresenaive o he Middle Eas, ony Blair, Israel has announced anosensible easing o Gazas closure or humaniarian reasons. However, hediplomaic iniiaives sponsored by he Quare, which merely ocus on

he increase o he volume o goods exchanges, ail o address he inherenillegaliy o he closure and he derimenal eecs i has on he localpopulaions human righs. Te alleged easing is in ac purely cosmeic anddoes no represen any subsanial change o he inrinsic illegaliy o heclosure. I merely consiss in moving rom a lis o permited iems ino Gazao one o prohibied iems. Gaza now receives more oodsu and secondarygoods a cheap prices rom Israel, which paradoxically given he ban on

expors rom he Srip - has worsened he weak local economy.41

In addiion,he quaniy o permited goods remains wholly incapable o meeing heneeds o he Gaza populaion.42

Te High epresenaive o he European Union or Foreign Aairs, Ms.Caherine Ashon, has recenly poined ou ha a he presen ime, wehink ha whas happened wih Gaza is unsaisacory, he volume o

goods is no increasing as signicanly as i needs o. Similar declaraionshave been made by every high oreign diploma ha visied Gaza in he pasmonhs43. As saed in November 2010 by Mr. John Ging, in his capaciy ashe UNWA Direcor in Gaza, Tere is no angible change or he peopleon he ground here wih regard o heir condiion, dependence on aid, he


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Population

absence o any recovery or reconsrucion. And here is no economy.44

Afer he alleged easing o he closure, he borders o Gaza remain sealed,people are sill unable o ravel via Israel, and expors rom Gaza remain

banned.45 Israels proposal serves only o shif atenion rom he realproblems; i does no deal wih he roo cause o he crisis and ails o allowmeasures necessary o resar he economy o Gaza, namely he impor ouel and consrucion maerials or he expor o producs rom he GazaSrip. Mos imporanly he alleged easing o he closure does no changeanyhing wih respec o he reedom o movemen o he imprisonedpopulaion o Gaza.

3. Te devastating combined efect o the closure and Israels

military ofensive on the Gaza Strip o 27 December 2008

18 January 2009

Te combined impac o he absolue closure and he devasaing miliaryoperaion o 27 December 2008 - 18 January 2009 has muliplied hesuering o he populaion o Gaza and decimaed he Gaza Srips economyand inrasrucure.

Deailed inormaion regarding he grave violaions o inernaional human

righs law in associaion wih he operaion Cas Lead, are conained, iner alia,in he Repor o he Special Rapporeur on he human righs siuaion on he oPo March 2009, and in he repor o he Unied Naions High Commissioner orHuman Righs o he Human Righs Council o Augus 2009.46

In addiion, he cumulaive impac o he illegal closure and o he violaionso inernaional humaniarian law and human righs law commited in

he conex o he miliary operaion agains Gaza have been horoughlydocumened by he UN Fac Finding Mission on he Gaza Conic led by

jusice ichard Goldsone47. Te Mission considered ha:


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Population

Te closure o or he resricions imposed on border crossings

by Israel in he immediae period beore he miliary operaionssubjeced he local populaion o exreme hardship and deprivaionsha are inconsisen wih heir proeced saus. Te resricions onhe enry o oodsu, medical supplies, agriculural and indusrialinpu, including indusrial uel, ogeher wih he resricions on heuse o land near he border and on shing in he sea have resuledin widespread povery, increased dependence on ood and oher

assisance, increased unemploymen and economic paralysis. TeMission can conclude only ha Israel has and coninues o violaeis obligaions as an occupying Power under he Fourh GenevaConvenion.48

Signicanly, despie heavy ghing, he closure o he Gaza Srip remainedrmly in place during Operaion Cas Lead. As noed by ichard Falk,

he UN Special apporeur on he oP, his was one o he only conicsin he world where civilians were unable o ee, or o seek reugee saus.49Tis denial o movemen had signican implicaions or hose injured andrequiring advanced medical care.50 Almos wo years afer he end o hemiliary operaion or mos o he seriously injured vicims, heir siuaion,raher han being resolved, has been aggravaed.

Moreover, consrucion maerials have no been allowed ino he Gaza Srip,compleely prevening necessary recovery and reconsrucion. As armed

by Mr Filippo Grandi, in his capaciy as he UNWA CommissionerGeneral: ehabiliaion and consrucion requiremens are enormous.In spie o his, crucial maerials remain subjec o severe resricions,cumbersome impor procedures and requen delays51. Tereore we muscall or he blockade o be lifed in ull o enable Gaza o begin he process orecovery ha is long-suering people so urgenly need.52

For example, according o PCH gures, 7,878 housing unis werecompleely or parially desroyed (rendered uninhabiable), aecing 51,842


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Population

individuals. 20,000 individuals remained homeless afer he war,53 many ohem, almos wo years on, sill live in emporary shelers or even in ens54.

In March 2009, Saes gahered a a donor conerence in Sharm el-Sheikhpledged USD 4.5 billion in unds or he reconsrucion o Gaza. However

because o he oal closure imposed by Israel, which includes viruallyall building maerials, any possibiliy o rebuild and reciy he exensivedamage brough by he las devasaing miliary operaion on Gaza hasailed, and he money has no been used or is purpose.55


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Population

II. The IlleGalITy of The CloSure

4. Recognition o the illegality o the current absoluteclosure

As acknowledged, iner alia, by he Inernaional Commitee o he ed Cross(ICC), he closure imposed by Israel on he Gaza Srip is sraighorwardlyillegal.56 Such a conclusion has also been clearly armed by he Inernaional

Fac Finding Mission mandaed by he UN o invesigae on he Floillainciden o 31 May 2010: he closure is unlawul and canno be susainedin law. Tis is so regardless o he grounds on which i is sough o jusiy helegaliy o he blockade.57

Israel is he occupying power in he oP, including he Gaza Srip, and as suchi is subjec o a number o pressing legal obligaions, as codied primarily

in he Hague egulaions o 1907 and he Fourh Geneva Convenion o1949 (see inra secion 4.1). As conrmed by he Inernaional Cour o

Jusice, Israel is also obliged o respec, and proec he righs o he occupiedpopulaion in accordance wih he requiremens o inernaional humanrighs law.

As he ICC saed in 2000: As an occupying power, Israel may resric he

reedom o movemen o he residen populaion, bu only when and in soar as miliary necessiy so dicaes. esricions on movemen by meanso curews or he sealing o o areas may in no circumsances amoun ocollecive penalies, nor should hey severely hamper he daily lie o hecivilian populaion or have dire economic consequences. Moreover heoccupying power has he duy o ensure an adequae level o healh care,including access o hospials and medical services, and may no obsruc

he circulaion o ood supplies. All insiuions devoed o he care andeducaion o children mus be allowed o uncion normally. eligiouscusoms mus be respeced, which implies access o places o worship o heulles exen possible.58


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Population

humaniarian law, iner alia, Aricle 43 o he Hague egulaions, and Aricles 33, 55 and 56 o he Fourh Geneva Convenions (see inrasecion 4.1). Moreover he closure violaes inernaional human righs law,inringing upon several undamenal human righs, including he righ olie, he righ o he highes atainable sandard o healh, he righ o reedomo movemen o persons and goods, he righ o adequae sheler, and herigh o live in human digniy(see infa section 6 et seq.). Te closure regimeulimaely inringes upon he righ o sel-deerminaion o he Palesinianpeople as a maniesaion o he occupaion, and hrough he resulanprocess o severe de-developmen.

Te members o he inernaional communiy, including he HighConracing Paries o he 1949 Fourh Geneva Convenion elaive ohe Proecion o Civilian Persons in ime o War, have shameully ailedo ake he acion necessary o ensure Israels respec or he Convenion in

he oP, he ulllmen o which would include lifing he illegal closure andending policies which violae he economic, social, civil and poliical righso he Palesinian civilian populaion.

4.1 Legal Status o the Gaza Strip as occupied territory andapplicability o occupation law

Since he beginning o he occupaion in 1967, he inernaional communiy consising o boh governmens and inernaional organisaions, includinghe Unied Naions Securiy Council and he ICC59 has recognisedIsrael as he belligeren occupan, and he Palesinian erriory, comprisinghe Gaza Srip and he Wes Bank (including Eas Jerusalem), as subjecedo occupaion by he miliary o a belligeren oreign counry.60

Te Cairo Agreemen o 1994 beween he Governmen o Israel and hePLO Inerim Agreemen on he Gaza Srip and Wes Bank esablishedhe Palesinian Naional Auhoriy (PNA, or PA) and ranserred o ilimied auhoriy in Jericho and mos o he Gaza Srip.61 Te responsibiliy

59 ICC Fac and Figures: Te ICC in Israel and he occupied erriories available a


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Population

i reains exclusive conrol over Gazas airspace,65 erriorial waers and land borders. In addiion Israel has ulimae conrol over he adminisraiveaspecs o he civilian populaion in he Gaza Srip: i is he Israeli auhoriiesha reain he conrol o he Palesinian populaion regisry hus having hepower o gran ciizenship and issue Ideniy Cards o Palesinians in heoP66.


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Population

Box 3

Israels control o the Palestinian Population Registry

Following the Declaration o Principles on Interim Sel-Government Arrangements (the Oslo Accords), the authority to issue identitycards was transerred to the Palestinian Authority (PA). However,

Israel retained control over the Palestinian Population Registry, andthus ultimate control over the rights and status o all Palestiniansliving in the oPt. Te registry lists the ocial address o each person.Under the Oslo Accords the PA must inorm Israel o all changes tothe registry: however since 2000 Israel has not updated its copy o theoPts population registry.

As pointed out by the Israeli legal aid organisation Hamoked, thismeans that Palestinians living in the West Bank whose registeredaddress is in the Gaza Strip or vice versa have been detained as illegalaliens, regardless o their actual residence.6 Moreover Palestinianswhose identity card is rom Gaza, but who are actually living in the West Bank may be deported to the Gaza Strip as Israel reuses tochange their place o residence on the registry records. Te situation

was urther worsened by two military orders, no. 1649 and 1650issued in April 2010, which have dened as inltrators any personin the oPt, who is not in possession o an Israeli issued permit, thussubjecting them to possible deportation, ne and imprisonment.7Because o the Israeli authorities reusal to update the Populationregistry regarding the change o address and the high number orejections o applications or amily reunication, these new military

orders orce many Palestinians to live with the constant threat o being arrested and possibly deported. Gazan students studying atWest Bank universities have been prohibited rom returning to studyafer making brie visits home in the Gaza Strip. Israeli authorities alsoprevent Gazan students accepted or study at West Bank universities


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Population

Tis legal realiy has been recognized by he inernaional communiy,including he UN Securiy Council67 , he UN General Assembly68 , heUN Human ighs Council69 and he ICC70. Te redeploymen o Israelimiliary orces rom he Gaza Srip represened a change in he orm ooccupaion bu no o subsance71.

In sum, despite the implementation o the unilateral Disengagement Planin September 2005, Israel indeed remains the ultimate authority able toexercise eective control on the Gaza Strip, and thus is the occupyingpower.72 Te physical presence in act has been replaced by other meanso eective control which are as pervasive and oppressive as the militarypresence on the ground, and that ensure that Israel retain authority overthe Gaza Strip and its population. Moreover, as legally acknowledged by

Article 43 o the Hague Regulations and Article 64 o the Fourth GenevaConvention, the existence o a local government is not incompatible

with the persistence o the military occupation. Te reality is that,notwithstanding the existence o a Palestinian Authority, nothing ispossible both in the West Bank and in Gaza in the absence o a decision bythe Israeli occupation orces.

Te exen o which Israel remains in overall conrol o he Gaza Srip (as well as o he Wes Bank including Eas Jerusalem), is illusraed o some

exen hrough is abiliy o impose closures as i has coninued o do pos re-deploymen. Te Palesinian civilian populaion remains dependen uponhe cooperaion o Israel or basic necessiies such as ood, medical supplies,elecriciy, waer, and in order o exercise basic reedoms and righs such

67 UN Securiy Council, Resoluion 1860 (2009) o 8 January 2009, S/RES/1860 (2009).68 UN General Assembly, esoluion 63/96 (2008) o 18 December 2008, A/ES/63/93

(2008).69 UN Human Righs Council, Resoluion S-9/1 o 12 January 2009, A/HRC/S-9/L.1 (2009).70 ICC, Gaza Closure: no anoher year, News elease, 14 June 2010, and Israel, he

occupied Palesinian erriories, ICC Annual epor 2009, 19 May 2010, p. 365-369,boh available a: www icrc org


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Population

as reedom o movemen, healh, educaion, and access o work.73 Underinernaional law Israel is obliged o ulll is obligaions as an occupyingpower and o cooperae in order o ensure he undamenal righs andneeds o he civilian populaion o Gaza. However, in conradicion wih hendings o inernaional bodies and judicial organs he Israeli High Couro Jusice (HCJ) in 2008 held ha Israel is no in eecive conrol overhe Gaza Srip.74 Tus he Israeli HCJ acceped he Saes argumens haIsraels duies owards he populaion o Gaza are limied o he preveniono a humaniarian crisis.

Te Israeli posiion ries o ransorm he Saes precise legal obligaionsowards he civilian Palesinian populaion o a mater o goodwill on heIsraeli side.75 Tis posiion, which aims a sripping he civilian populaiono he proecion o which hey are eniled under humaniarian and humanrighs law, is blaanly conrary o inernaional law.

Te applicabiliy de jure o he Convenion was ulimaely conrmed by heInernaional Cour o Jusice (ICJ), he highes judicial body wihin he UNsysem. In he 9 July 2004 advisory opinion on he Legal Consequences ohe Consrucion o a Wall in he Occupied Palesinian erriory he Courclearly saed ha he Fourh Geneva Convenion is legally applicable (i.e. de

jure no onlyde acto) in he oP, regardless o heir precise prior saus.76

In paricular, he insrumens ha conain relevan humaniarian provisionson he law o occupaion are he Hague egulaions annexed o he FourhHague Convenion o 1907,77 and he Fourh Geneva Convenion o 194978.Israel raied he Fourh Geneva Convenion in January 1953, while heHague regulaions orm par o cusomary law.79

Ta Israel is legally obliged o apply he Fourh Geneva Convenion o he73 See, he epor, Beween he ence and a hard place. Te humaniarian impac o Israeli-

imposed resricions on access o land and sea in he Gaza Srip, Augus 2010, availablea: www.ochaop.org, p. 31-33.

74 Israeli High Supreme Cour 9132/07, Jaber Al Basyouni v. he Prime Miniser, 30 January 2008.75 See Gisha Repor Disengaged occupiers a htp //www gisha org/index php?inLanguag


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Population

whole occupied Palesinian erriory was conrmed, iner alia, by he UNSecuriy Council esoluion 681 o 20h December 1990, which demandedha Israel, as he occupying power, apply he Convenion de jure in respeco he erriories which i de aco occupies.80 UNSC esoluion 681 alsorequesed he High Conracing Paries o he Fourh Geneva Convenion oulll heir obligaions under Aricle 1 herein wih regard o he Palesinianerriory. Te High Conracing Paries mus ake all measures o respecand o ensure respec or he presen Convenion in all circumsances.

4.2 Israels obligation as an Occupying Power and theillegality o the closure under IHL

Inernaional humaniarian law places a number o precise duies on Israelas he occupying power vis--vis he Palesinian populaion. However, as

was ound, iner alia, by he UN Fac Finding Mission on he Gaza Conic,Israel has no ullled is duies as an occupying power in relaion o heGaza srip.81 When ocusing in paricular on he closure regime imposedon Gaza over he las hree and a hal years, i is apparen ha he resricionsimposed on he civilian populaion o he occupied erriory, he proecedpersons o inernaional humaniarian law, are in blaan violaion o heSaes specic obligaion under he same body o law.

egulaion 43 o he Hague egulaions, which has cusomary law saus,imposes upon Israel, as he occupying power, he obligaion o mainainpublic order and civil lie, i.e. o guaranee normal condiions o lie or hecivilian populaion under occupaion. Tis encompasses, iner alia, hemainenance and provision o inrasrucure, healh, educaion, qualiy olie, sheler, and public works (including sewage reamen, power and waer);in oher words, he maerial condiions under which he populaion o he

occupied erriory live. Israel is hereore obliged o ensure he condiionsnecessary or residens o Gaza o enjoy, as ar as possible, a normal lie. Iis apparen ha Israels absolue closure regime, by denying he reedom omovemen in and ou he Gaza Srip or persons and goods, undamenallydenies he possibiliy or Gazans o have a normal lie, and is in violaion ohe basic principles o inernaional humaniarian la


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Population

power he duy o aciliae he working o care and educaion insiuions;Aricle 55 requires he occupying power o ensure o he ulles exen ohe means available o i () he ood an medical supplies o he populaion;i should in paricular bring in he necessary oodsu, medical sores andoher aricles i he resources o he occupied erriory are inadequae.

Aricle 56 requires he occupying power o ensure in cooperaion wih henaional and local auhoriies, he medical and hospial esablishmens andservices, public healh and hygiene in he occupied erriory () Medicalpersonnel o all caegories shall be allowed o carry ou heir duies. Whilei is recognised ha he occupying power is no solely responsible or headminisraion o healh services and hospials, i mus o he ulles exen ohe means available o i, ensure ha hospials and medical services can workproperly and coninue o do so.82

In 2001 he ICC expressly noed ha Israels policy o closures is inviolaion o is obligaions under inernaional humaniarian law:

Te ICRC views the policy o isolating whole villages or anextended period o time as contrary to international humanitarianlaw (IHL), particularly with respect to those aspects o IHL,

which protect civilians in time o occupation. Indeed, stringent

closures requently lead to breaches o Article 55 (ree passageo medical assistance and ood stus), article 33 (prohibitionon collective punishment), article 50 (children and education),article 56 (movement o medical transportation and publichealth acilities) and article 72 (access to lawyers or personscharged) o the Fourth Geneva Convention. While acceptingthat the State o Israel has legitimate security concerns, the ICRC

stresses that measures taken to address these concerns must be inaccordance with international humanitarian law. Furthermore,these security measures must allow or a quick return to normalcivilian lie. Tis, in essence, is the meaning o the Fourth GenevaConvention which is applicable to the Occupied erritories83.


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Te resricions on he enry o oodsus, medical supplies,

agriculural and indusrial inpu, including indusrial uel, ogeherwih he resricions on he use o land near he border and on shingin he sea have resuled in widespread povery, increased dependenceon ood and oher assisance, increased unemploymen and economicparalysis. Te Mission can conclude only ha Israel has and coninueso violae is obligaions as an occupying Power under he FourhGeneva Convenion.84

4.3 Israels violation o undamental human rights o thecivilian population

Under inernaional human righs law, Saes are obliged o (i) respec and(ii) proec he undamenal human righs o he populaion and in doing sohey mus, inter alia , rerain rom inerering direcly or indirecly wih he

enjoymen o such righs.

By prevening he enry o necessary goods and by impeding he enire civilianpopulaion rom leaving he erriory, he closure regime imposed by Israelon Gaza blaanly violaes no only he mos basic principles o inernaionalhumaniarian law, bu also he undamenal human righs o he Palesiniancivilian populaion ( see infa section 4.3). As noed by he UN Fac Finding

Mission on he Gaza Conic wih specic regard o he closure policy, inconras wih Israels obligaion o respec, proec, aciliae or provide, ohe exen possible, or he enjoymen o he whole range o economic, socialand culural righs in he Gaza Srip (...) Israels acions have led o a severedeerioraion and regression in he levels o realizaion o hose righs.85

Indeed, in addiion o he guaranees already provided or by inernaional

humaniarian law, he Palesinian people are inherenly eniled o heguaranee o heir undamenal righs, in accordance wih inernaionally-acceped norms o human righs law. Israel is bound, iner alia, o he1966 Inernaional Covenan on Civil and Poliical ighs and he1966 Inernaional Covenan o Economic, Social and Culural ighs


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several occasions by he UN Human ighs Commitee, esablished by heICCP o monior he implemenaion o is provisions. As poined ou byhe Commitee: a Sae pary mus respec and ensure he righs laid downin he Covenan wihin he power or eecive conrol o ha Sae pary,even i is no siuaed wihin he erriory o he Sae pary.92 Furhermore,inLopez Burgos vs. Uruguay93, he Commitee argued ha under Aricle 2.1 ohe ICCP a Sae pary can be held accounable or violaions o he righsunder he Covenan which is agens commi in he erriory o anoher sae.

Tis view is consisen wih he objec and purpose o human righsobligaions: hey aim o proec individuals agains Sae arbirariness, abuse,

violence, regardless o he locaion where he conduc occurs. Any exerciseo power by he Sae abroad, jus as wihin is own erriory, however limiedin ime, mus be respecul o human righs obligaions.

As he UN Fac Finding Mission on he Gaza Conic recalled, a he veryleas [] Israel is under an obligaion no o raise any obsacle o he exerciseo such righs in hose elds where compeence has been ranserred o hePalesinian Auhoriy94. A posiion explicily esablished by he ICJ wihregard o he ICESC.

However, in violaion o is obligaions arising direcly rom inernaional

law, Israel coninues o deprive he Palesinian populaion o is legiimaeand undamenal righs. Tis is well documened, inter alia , by he reporso he UN Special apporeur on he occupied Palesinian erriory.95Tereore, on op o he responsibiliies o Israel as an occupying powerunder he IHL regime, he widespread and well documened violaionso IH law commited by Israeli agens in he Gaza Srip imply he legalresponsibiliy o he Sae vis--vis he human righs violaions commited

agains he Palesinian populaion.

Tis repor aims a deailing how he Israeli imposed policy o closures - and

92 Human ighs Commitee, General Commen n. 31 (2004), CCP/C/21/ev.1/Add.13, par.10, available a: www.ohchr.org


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especially he coninuous absolue closure o Gaza since 2007 - severelyimpacs on a number o undamenal human righs and reedoms o hecivilian populaion. Te closure regime o he Gaza Srip consiues in hissense only one o he several ools in he hand o he occupying power opreven he Palesinians rom he ull enjoymen o heir righs, saring

wih he denial o heir reedom o movemen and ending wih he compleedenial o heir righ o sel deerminaion.

4.3.1 Te denial of the freedom of movement of persons and goods

Te violaion o he righ o reedom o movemen can be considered heumbrella violaion resuling rom he illegal closure o he Gaza Srip: asreedom o movemen o persons and goods is a necessary precondiion orhe exercise o a number o oher undamenal righs, is violaion also resulsin he violaion o many oher undamenal reedoms and righs, such as he

righ o healh, o an adequae sheler, o educaion, o work, or o accesseconomic opporuniies.96

Aricle 12 o ICCP ensures he righ o reedom o movemen: Everyonelawully wihin he erriory o a Sae shall, wihin ha erriory, have herigh o libery o movemen and reedom o choose his residence andeveryone shall be ree o leave any counry, including his own.97 Limiaions

o such righ are permited only o he exen ha hey do no nulliy heprinciple o libery o movemen and are governed by he requiremen onecessiy and consisency wih he oher righs laid down in he Covenan.98

Te enjoymen o he righ o reedom o movemen, including ows o goodsand ood supplies, is o paramoun imporance since i is inexricably iedo he economic developmen o a given erriory and he social condiions

o is inhabians: he well-being o he communiy as a whole is aecedwhen he reedom o movemen is resriced. Moving in and ou a errioryis necessary, or insance, o atend educaion courses, or working reasonsand medical needs. Arbirary and prolonged resricions o movemens opersons and goods jeopardize he enjoymen o all undamenal humani h i i h ki d h b d d j i d h il


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people be deprived o is own means o subsisence, while aricle 5 providesha: Nohing in he presen Covenan may be inerpreed as implying orany Sae, group or person any righ o engage in any aciviy or o perormany ac aimed a he desrucion o any o he righs or reedoms recognizedherein.

5. No security-rationale behind the closure

As he presen repor will deail urher, he closure o he Gaza Srip isimposed by Israel as a realiaory and puniive ac ( see infa section 5.2).PCH believe ha he exreme resricions on movemen o goods andpersons o and rom he Gaza Srip are deniely no imposed or securiyreasons. Israels argumens in his respec are ambiguous and conradicory.

Israel has sough o presen he imposiion o closures as a securiy

measure, claiming ha heir primary objecive was o ensure is naionalsecuriy, and as a resul his is ofen how he closures have been perceived by he inernaional communiy and he general public. However, his isa misrepresenaion o he realiy. For many years PCH has noed hespurious naure o he securiy argumen.99

I is apparen ha closures have been always imposed in an arbirary ashion

and o arge he generaliy o he Palesinian populaion raher han hosespecically posing a securiy hrea.100 Moreover, i mus be recalled haalhough Saes sovereign righ o ake all appropriae seps o proec heirciizens is no dispued, securiy measures mus be aken in accordance wihinernaionally recognised legal norms and principles and mus respec heundamenal human righs o he civilian populaion. Tis is absoluely nohe case wih regard o he closures, which have been imposed or decades

on he Palesinian erriory in general, and on he Gaza Srip in paricular.

Following he 2007 Hamas-akeover o he Srip, Israel declared is ineniono block he passage ino Gaza o goods which could poenially have amiliary usage. Trough he Deense Expor Conrol Law 5766/2007, heI li i d li d id d b d l


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(civilian and miliary)101 ino is legislaion and subsequenly prohibied bydirecive heir impor ino he Palesinian erriory.102 Such goods, however,consiue only a small par o he iems ha have been banned or resricedrom enry in he Gaza Srip, which include, as already noed, oodsus,medicines, and basic maerials such as paper.

As noed by he Israeli organizaion Gisha Legal Cenre or Freedom oMovemen (Gisha), Israel openly saed ha i would resric he movemeno goods ino and ou o Gaza no in order o proec agains securiy hreassemming rom he ranser, bu raher as par o a policy o apply pressureor sancions on he Hamas regime.103

On 19 Sepember 2007, Israels Securiy Cabine declared Gaza a hosileerriory and decided ha: [...] urher resricions will be placed on heHamas regime such as he passage o goods o he Gaza Srip will be limied,

he supply o uel and elecriciy will be reduced, and a limiaion will beimposed on he movemen o people rom he Srip and o i. Te resricions will be implemened afer a legal review, while aking ino consideraionhe humaniarian aspecs o he siuaion in he Gaza Srip and ou o heinenion o avoid a humaniarian crisis.104

A he ime, several saemens were made in he media by Israeli ocials

and cabine members, according o which heir inenion was o causesuering o he Gazan residens, so o exer civil ian leverage on he Hamasregime in response o he ring o Kassam rockes rom he Srip105. In heopinion o he Israeli depuy Prime Miniser, Haim amon, Israel shouldake puniive seps such as disconnecion o elecriciy and waer106

101 Te Wassenar Arrangemen on Expor Conrols or Convenional Arms or Dual-UseGoods and echnologies, WA Secrearia, Vienna, 2004. Israel is no a pary o heagreemen.

102 See Gisha, esricions on he ranser o goods o Gaza: Obsrucion and obuscaion,January 2010, available a: www.gisha.org.

103 Ibid, p. 1. According o Gisha Direcor, Sari Bashi: Insead o considering securiyconcerns, on he one hand, and he righs and needs o civilians living in Gaza, on


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Commening on he above menioned cabine decision, Deence MiniserEhud Barak also said, our aim righ now is he weakening o Hamas and hesrenghening o [Palesinian Auhoriy Prime Miniser] Salam Fayyad.107

In addiion, he Israeli governmen has someimes linked he closure (andis lifing) o he release o he Israeli soldier Gilad Shali, who was capuredin June 2006 by Palesinian armed groups in Gaza.108 Such a circumsanceclearly undermines he securiy preex behind he closure, which can only bedened as a orm o collecive punishmen o he civilian populaion o Gaza.

As urher shown below, ollowing a peiion led by Gisha under heFreedom o Inormaion Ac, Israel was in he end orced o disclose ispolicy o economic warare behind he closure, which aims a deliberaelyreducing he basic goods in he Gaza Srip, inicing grea suering on hecivilian populaion (see infa sections 5.1 and 7).

5.1 Te economic warare rationale disclosed

I is dicul no only o ideniy a securiy raionale, bu also logic, wihrespec o he prohibiion o he enry o goods in Gaza. Te resricions arearbirary and reveal he inenion o Israel o inic suering on he civilianpopulaion, inter alia , by resricing he goods allowed ino he Gaza Srip

o a so-called humaniarian minimum, i.e. o wha Israel deems is sriclyessenial or he survival o he civilian populaion.109

Since 2007 Israel reused o provide deails o wha is allowed and whais prohibied ino Gaza - and on which basis - claiming ha reveling hem

would harm sae securiy and possibly even Israels oreign relaions.110Neverheless, a lis o permited/prohibied iems was compiled, on he

basis o inormaion received rom Palesinian raders and business persons,inernaional organizaions and he Palesinian Coordinaion Commitee.

107 Y Ne, 19 Sepember 2008, htp://www.yne.co.il/aricles/17340, L-3451070,00 hm.108 Former Prime Miniser Ehud Olmer, or example, declared We will no allow he

opening o he crossings o Gaza and ouside o Gaza o he exen ha i will help


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Tanks o he documenaion assembled by Gisha, i is possible o deduceha an original lis o approximaely 40 permited iems exised, which lis

was progressively expanded, according o unknown crieria. Te prohibiediems comprised everyhing ha was no expressly permited, and included

wood or consrucion, cemen, iron, plasic/glass/meal conainers.111

Some o he prohibiions appeared o be lifed, ollowing he alleged easingo he closure announced by Israel in June 2010 (see supra section 2.4): sage,cardamom, cumin, coriander, ginger, jam, kechup, biscuis and poao chipsappeared o be allowed again ino Gaza during he 2010 summer. However,oher seemingly innocuous goods, such as dried rui, resh mea, noebooks,oys, musical insrumens, shing nes, irrigaion pipe sysems, donkeys andgoas coninued o remain prohibied, along wih poenial dual use goods,

which include virually all consrucion maerials.

In Ocober 2010, due o he peiion led by Gisha beore he el AvivDisric Cour under he Freedom o Inormaion Ac, he Sae o Israel hado release some documens oulining is policy regarding he resricionso good ino Gaza unil June 2010. Israel sill reuses o release he newdocumens regarding he curren closure policy as allegedly amended aferhe Floilla inciden o 31 May 2010.112 However, he disclosed documensreveal ha Israel decided o implemen a policy o deliberae reducion

o basic goods, including he supply o uel, and hereore elecriciy and waer, oodsu and goods o rehabiliaive characer, which required aspecial permission or approval, irrespecive o any securiy consideraion.

According o his policy, even humaniarian iems could be blockedand inernaional organizaions or oreign governmens did no receivepermission o ranser building maerials ino Gaza or he (re)consruciono schools or homes113.

In applying he closure, Israel has declared is inenion o wage economicwarare i.e. o arge and weaken Hamas by exering pressure on he civilianpopulaion o Gaza. Te deails o such an illegal policy o economic wararehad already emerged during he Al-Basyouni case, which was brough


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is a core componen o boh reay-based and cusomary inernaionalhumaniarian law, i explicily holds ha atacks may no be direced againsnon-combaans and he civilian populaion.

5.2 A orm o collective punishment

egardless o Israels claims o he conrary, he curren resricions onmovemen o goods and persons ino and ou o he Gaza Srip are clearlyno imposed or securiy reasons or miliary necessiy. Te inheren naureo he closure imposed by Israel on he Gaza Srip is puniive, realiaory andcollecive, and i dramaically impacs on he undamenal human righs ohe proeced civilian populaion living under occupaion in Gaza.

PCH, along wih oher Palesinian, Israeli and Inernaional Humanighs organisaions, have repeaedly denounced he illegal policy o

closure imposed on he oP, and on Gaza in paricular, as a orm o collecivepunishmen o he Palesinian civilian populaion118.

Tis conclusion was recenly acknowledged also by he InernaionalCommitee o he ed Cross, in is repor o 14 June 2010.119 Teauhoriaive posiion o he ICC clearly saes ha he closure is illegal, isa orm o collecive punishmen and here is no oher susainable soluion

han is complee cessaion. Te Inernaional communiy, and especiallyhe High Conracing Paries o he Geneva Convenions, mus cooperaeo pu an end o he illegal closure o he Gaza Srip and ake every possiblemeasure o his end.

Te closure consiues a orm o collecive punishmen o he civilianpopulaion which is absoluely prohibied under Aricle 33 o he Fourh

Geneva Convenion:

No proeced person may be punished or an oense he or she hasno personally commited. Collecive penalies and likewise allmeasures o inimidaion or o errorism are prohibied.


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commenary on he Convenion120.

Te prohibiion o collecive punishmen under inernaional humaniarianlaw was already armed by Aricle 50 o Te Hague egulaions o 1907

which saes ha No general penaly, pecuniary or oherwise, shall beiniced upon he populaion on accoun o he acs o individuals or whichhey canno be regarded as joinly and severally responsible. Te principle isalso enshrined in he Firs Addiional Proocol o he Geneva Convenionso 1977121, which is considered o have acquired cusomary saus.122

Moreover, i is a general principle o criminal law ha no one shall bepunished or a (criminal) oence commited by ohers, hus conrminghe illegaliy o collecive punishmens under inernaional cusomary law(more exensively inra secion 5.3).

5.3 Te ultimate political aims o the illegal policy oclosures imposed by Israel

As noed rom he ouse o his repor, PCH emphasizes ha i is necessaryo analyse he closure imposed on he Gaza Srip since 2007 as par o heoverall closure policy and no as an isolaed case. Te absolue closure oGaza is jus he laes and he mos exreme o a series o closures which

have been progressively imposed by Israel on he occupied Palesinianerriory since a leas 1991. For almos 20 years Israel has heavily resricedhe reedom o movemen o all Palesinians, and especially hose in Gaza.I is sel eviden ha he closure policy is persecuory in is naure: raherhan alleged erroriss, he closure arges insead he common people,hose who wish o have a normal lie in Gaza or o ravel abroad or dierenreasons, including sudens, workers seeking employmen abroad, amilies

wishing o be reunied, and even paiens in need o medical reamen.

Israel has pursued dieren aims hrough he imposiion o hese closureson he oP; in paricular, he closures have been one o he ools used by heOccupying Power o implemen a policy o separaion and ragmenaiono he occupied errior and o is inhabians Te dri ing impulse o he


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Palesinian poliical implicaions resuling rom he separaion, orcedclosure and isolaion o he erriory and is inhabians are paricularlyeviden oday.

For many years Palesinians rom Gaza have no been allowed o ravel o heWes Bank and Palesinians rom he Wes Bank are no allowed o ravel oGaza. As a paradox, i is easier - alhough always exremely complicaed andexcepional - or a Palesinian rom Gaza o ravel or insance o Europehan o he res o he Palesinian erriory. Te vas majoriy (and viruallyno one among hose younger han 20 year old) o he Palesinians living inhe Wes Bank have never seen he Gaza Srip, since hey are no allowed apermi o ge in. Even he members o he Palesinian Legislaive Councilhave been subjec o access resricions.

Ulimaely he policy o closures imposed on he occupied Palesinian

erriory by Israel, and especially he absolue closure o he Gaza Srip,causes hardship no only a he economic-social-humaniarian level bu alsoa he poliical level. PCH believes ha he illegal closure policy imposed

by Israel, raher han aiming a proecing he naional securiy o he counryrom concree securiy hreas, has wo main objecives. By increasingragmenaion and isolaion, and generaing economic dependence hepolicy aims o:

1. Disrup he emergence o a Palesinian Sae, prevening Palesiniansrom achieving sel-deerminaion;

2. Deprive he Palesinian populaion o heir human digniy, also bymanuacuring a humaniarian crisis.

In his regard i can be said ha he Israeli governmens illegal policy has

been successul.


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III The effeCTS of The CloSure and The vIolaTIon of

fundamenTal human rIGhTS.

6.Socio-economic efects o the closure

Te economic impac o he prolonged, illegal closure o Gaza is pervasive:i has paralyzed all economic secors and resuled in he emergence o aman-made, compleely prevenable, humaniarian crisis. Te resricions on

he movemen o goods ino and ou o he Gaza Srip has mean ha heindusrial secor in Gaza is no longer able o obain raw maerials neededo make is producs, and producers can no longer expor heir goods omarkes in he res o he oP, or abroad. Te resricions on he movemeno people has mean ha he housands o Palesinians who once workedalongside Israelis in Israel can no longer access heir jobs and have since

become unemployed, wih eviden implicaions or povery and dependency

raes. Te shing indusry, or which Gaza is amous and which previouslyemployed a large segmen o he populaion, is being wiped ou as i is orcedino an increasingly small shing area by Israeli gunships which requenlyre aand woundPalesinian sherman, and conscae shing boasand equipmen.

Te unilaeral Israeli imposiion o a buer zone all around he borders

beween he Gaza Srip and Israel, which is a no-go zone area ha exendsa leas 300 and up o 2000 meers123 ono Palesinian land, is cuting oaccess o more han 35% o agriculural lands.124


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Box 4

Te Bufer Zone in the Gaza Strip

Israel imposes a so-called buer-zone along he whole border beween he Gaza Srip and Israel. esidens are prevened romenering hese no-go areas which exend up o 2,000 meers romhe border. Esimaes indicae ha he buer-zone9 consiues abou17,000 dunums o land, which equals 17% o Gazas erriory and 35%o Gazas agriculural land.10 Tis renders 35% o agriculural landaccessible only under high risk o being sho by Israeli border parols.Beween 1 January and 30 Sepember 2010, PCH repored 47deahs and 114 injuries as oucome o atacks in he buer-zone.11 Teimposiion o such an illegally resriced area aggravaes ood securiy

issues and increases dependence on exernal aid. A sea, he buer-zone is enorced by Israel wih live re12 and allows shing only ouo 3 nauical miles, despie he limi o 20 nauical miles esablishedunder he Oslo Accords. Tis has negaively impaced upon he shingsecor on which approximaely 3,600 amilies depend economically.

Overall, an esimaed 178,000 people are direcly aeced by he

imposiion o he illegal buer-zone by Israel.13

Te socio-economic eecs o he las hree years o absolue closurecanno be undersaed: beween 45%-50% o Palesinians in Gaza are nowunemployed, a leas 60% live below he povery line (US $594/monh), andmore han 66.7% live in deep povery.125 I is undeniable ha he siuaionsuggesed by hese worrying saisics is a direc consequence o he closure:

he World Bank has esimaed ha he rae o hose living below he poveryline increased rom 35% a he end o 2006 o more han 67% a he endo Ocober 2007;126 his rae has coninued o climb in he inerim. Nearly1.1 million Palesinians coninue o rely on ood assisance rom he UN in

125 PCH P I h G S A h I h P I


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order o mee heir basic caloric needs.127

Meanwhile, he cos o living in Gaza has skyrockeed as he closure causesa severe shorage in essenial goods: he reduced quaniies o goods in localmarkes are available a inaed prices ha ofen reach 500% o he marke

value (see infa sections 6 and 6.9).

A populaion o proud and independen individuals is being reduced orelying on handous rom inernaional aid agencies. o his end he mosproound impac o he closure canno be described by gures or saisics:he closure has ransormed he enire erriory ino an open air prison,depriving a whole people o is human righs, including he mos undamenalrigh o live in digniy. Te youh

PCHR_Collective Punishment of the Civilian Population

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