The Gaza Strip: One Big Prison Insert, May 2007

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    Israel must protect its citizens. But with control comes responsibility t

    n August 2005, afterdismantling all Jewishsettlements in the Gaza

    Strip, the Israeli military withdrewits forces from the area, thuscompleting what has been labeled "TheDisengagement".Many people hoped that Israelsdisengagement would separate Israelisfrom Palestinians, and create the

    foundations for a better future. Twoyears later, Israelis and Palestinians arestill locked in bitter conflict.Since disengagement, Palestinianshave fired some 2800 Qassam rocketsand mortar shells from the Gaza Stripinto Israel, killing four Israelis andinjuring hundreds more, particularlyin the southern city of Sderot. Israelhas responded with massive force,killing 668 Palestinians in the GazaStrip, including 359 who took no partin the fighting. To make matters worse,internecine Palestinian violence hasescalated, with 357 Palestinians killedin clashes between Fatah and Hamasthat ended with a Hamas takeover of Gaza.The Israeli government argues that theoccupation of the Gaza Strip is over,and that Israel is no longer r esponsiblefor what happens there.The reality is different:Israel still controls key aspects of lifein Gaza. The Israeli government claimsthat such control is vital in order toprotect Israels security.

    This may be the case, but control bringswith it responsibility:If Israel insists on maintaining controlof Gaza, it must safeguard the rightsand needs of the people there. It mustminimize any harm to the civilianpopulation.

    In the following pages, we explain the elements of Israelicontrol. Whether you call it occupation or not Israel's control of the Gaza Strip brings with it legal obligationsThe international community Europe in particular - hasbeen generous in providing humanitarian assistance toPalestinians suffering the effects of poverty and violence.This assistance is commendable. However, aid without

    accountability only makes the Palestinians poorer andmore dependent. Alongside aid to the needy, humanitarianagencies must demand that Israel acknowledge itsresponsibility and remedy any wrongs it has committed.Similarly, international donors must insist that thePalestinian Authority respect international law and holdaccountable all Palestinians who target Israeli civilians.

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    THE PRICE OF CONTROL P a l e s t

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    What is it like to live where war planes thunder in the skies and the sea is o limits? t

    When a Palestinianchild paints a pictureof the sky, theresalways an Israelihelicopter there, too

    he Israel Air Force controlsthe skies above Gaza. Israelimilitary jets

    and helicopters constantly roaroverhead. The Israeli army can decideat any moment to interrupt radio andtelevision broadcasts.There is no fence along the shoreline of the Gaza Strip, but Palestinians do notdare go out to sea without permissionfrom the Israeli army. Anyone who triesto fish in the open water risks detentionand harassment. Although there are richreserves of fish along the coast of Gaza,tens of thousands of local fishermenremain idle. Israeli restrictions deala harsh blow to the fishing sector,which provides a livelihood to manyGazan families. Whereas fish wasonce an important source of food forGazans, today it is a luxury reserved forthose who can afford to purchase fishimported from Israel.Israel does not allow Palestiniansto operate an airport or a seaport inGaza, with severe implications forGazans' ability to travel abroad or

    engage in foreign trade.

    Avi Dichter, former head of the Israeli GeneralSecurity Service, 31 May 2005

    A sherman on the Gaza coast, photo: Ahmad Jadallah, Reuters

    T h e a l - J a m a l

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    The best time for fishing is between

    sunset and midnight. We wait to seeif the soldiers will let us. Every daywe try our luck. Once we could fish20 kilometers or more from the coast.Now if we go out more than two

    kilometers, the army boats open fire on us and we haveto go back almost to the shore. Sometimes we just give upand dont bother to go out fishing.Omer al-Bardawil, fsherman, resident o Ra ah

    Im bringing up three children on my

    own Mohammed and Miriam arefive-year old twins, and Iyad is justthree. We live in the north of the GazaStrip. The skies here are full of Israeliaircraft. The children are really scared

    by the planes and helicopters. The noise awakens themat night and scares them during the day. Every time anairplane passes overhead, they cling to me crying.Miriam is so scared, she wets her pants.Farida al-Jamal, resident o Jabaliya re ugee camp

    NO AIR. NO WATER.

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    Israel controls all routes into and out o the Gaza Strip. No one can enter or leave twithout the armys permission t

    he Rafah border crossing isthe gateway between Gazaand the outside world.

    This crossing on the Egyptian borderis the only exit from Gaza for medicaltreatment, study, family, or any otherreason. All those entering the GazaStrip must also pass through Rafah.In November 2005, Isr ael officiallyhanded over the border crossing to

    the Palestinian Authority, to be run incoordination with Egypt and Europeanmonitors. In practice however, Israelcan still close this border crossing atwill, and frequently does. In fact, sincethe Hamas takeover, the crossing hasbeen completely closed. Thousandsof people are stuck in Egypt with noway to get home. Inside Gaza, thesick or those wounded in the recentfighting wait in vain to travel abroad fornecessary medical treatment that Gazahospitals do not provide.Not only does Israel restrict travelabroad. Even travel to the West Bankis virtually impossible.The West Bankand the Gaza Strip are recognized asa single territorial unit in numerousagreements, and residents of both areasare mutually dependent in every areaof life. Israel promised free and safepassage between Gaza and the WestBank. In practice, however, Israel hasimposed a separation between the twoareas.

    My five-year old nephew Islam suffers

    from cerebral edemas, causing severepain. In November 2006 I took him toEgypt for medical treatment. When wetried to go home, the Rafah crossingwas closed. We stayed in a rented

    apartment in Cairo until I ran out of money. We went backto Rafah and waited for four days, sleeping in a parking loton the Egyptian side of the border.

    During these four days we suffered from the heat and the

    humidity during the day and from the cold at night. I had toborrow money from strangers to buy food and water. Therewere no toilets or running water in the parking lot. At nightwe covered ourselves with the clothes we brought with us.Finally the crossing opened briefly, and we got through.We were lucky. Thousands were stuck on the Egyptianside for another six days.Rami Abu Samrah, journalist, resident o Gaza

    I want to get a BA in graphics and

    web design, which is unavailable isGaza, so I registered for studies at A-Najah University in the West Bank. Icontacted an Israeli attorney to get anentry permit for the West Bank. I have

    still not received the permit. The first semester is almostover and Im afraid that Ill miss the second semester too.Sometimes I feel that my future is being destroyed becauseI cant get a permit to enter the West Bank.Manal Abu Tawahina, resident o Dir al-Balah, Gaza Strip

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    CIVILIANS UNDER SIEGE

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    I grow vegetables and market them

    inside the Gaza Strip and Israel. Inthe past, the Karni crossing was openmainly for importing Israeli goods, butnot for exporting Palestinian goods.Since Gilad Shalit was kidnapped,

    the functioning of the Karni crossing has worsened; it isclosed more often, and often shuts down suddenly due tosecurity alerts or for other reasons.I often have to wait days for the crossing to open. In the

    meantime, produce goes bad or I have to sell it on the local

    market. During the Ramadan holiday, I tried to exporttwelve tons of cucumbers. The cucumbers were left at thecrossing for three days. In the end they were no longerfresh and I had to market them to the West Bank.I expected to make a profit of NIS 2,000, but in the endI lost NIS 8,000. Its reached the point where I hate to evenhear the name Karni.Nahad Al-Nahal, merchant, resident o Ra ah

    Israel has complete control over imports to and exports rom Gaza, bringing its economy tto the brink o collapse. t

    he Karni crossing is thecommercial lifeline for theGaza Strip. It is under

    complete Israeli control. All importsand almost all exports pass throughKarni. When the crossing is closed,or only half functioning, the tiny anddependent Gaza economy is strangled.Factories close and basic items arein short supply. Since the Hamas

    takeover of Gaza, Israel has kept Karnicompletely closed. Some 75% of Gazafactories have shut down due to ashortage of raw materials.Even before the Hamas takeover, Isr aeldid not live up to its promises: Israel promised that the Karnicrossing would be fully functional bythe end of 2006, and that 400 exporttrucks could cross each day. In practice, just 12 export trucks onaverage passed through the crossingeach day in 2006. During the first five months of 2007,an average of 42 trucks a day passedthrough the crossing. On June 12, Israel completely closedthe Karni crossing.Clearly Israel must protect itself,and has genuine security concernsregarding Karni. Many times, however,the crossing has been closed for longperiods without any specific securitythreat, and without providing anyalternative.

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    AN ECONOMY IN CHAINS

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    When Israel decides to withold tax monies rom the Palestinian Authority, tordinary people pay the price t

    Its like a diet the Palestinians willlose lots of weight,but they wont die. Dov Weissglass, advisor to the Prime Minister,16 February 2006

    or the past year, publicservices in the Gaza Striphave been in a state of

    collapse. The Palestinian Authoritycould not pay salaries, purchaseequipment and medicine, or provideany social assistance. Half the budgetof the Palestinian Authority was heldby Israel. These funds come from VATand customs imposed on goods destinedfor the Gaza Strip that are importedthrough Israel. Since the election of the Hamas government, the funds havebeen withheld. Doctors, teachers, policeofficers, and other civil servants didnot receive their salaries. The public,which needs these services, had to learnto make do without. After the recentHamas takeover in Gaza, Israel beganto transfer tax revenues to the Fatah-ledgovernment in the West Bank.Israel is obligated either to allow thePalestinian Authority to function orto assume direct responsibility for thePalestinian population. If Israel doesnot transfer the tax revenues, it mustprovide health, education, and welfare

    services directly to Palestinians.

    I have been working as an orthopedist at a hospital in thenorthern Gaza Strip for three years. During the first twoyears I received a salary of 3,800 shekels a month. Thisenabled me to repay 1,800 shekels a month on a loan I tookout to pay for my wedding expenses, and to maintain myfamily of five in dignity. Since February 2006 we have notreceived our salaries on a regular basis. At the moment weget an advance of 1,000-1,500 shekels every two months.My life has changed completely. From someone who made

    a decent living I have become dependent on charity. InOctober I had to take another loan just to buy warm clothesand food for my children. I pay back 500 shekels a monthon the loan, and with the little that is left I have to jugglewith food, rent, transportation, and the childrens needs. It

    just isnt enough. I work twelve hours a day at the hospitalso there is no way I can look for additional work.Dr. Ra at Shehadeh, physician at the hospital in Beit Lahiya,resident o Gaza

    Samah Muhsan, a nurse at Shifa Hospital. Samah, a resident of Jabaliya refugee camp,has not received her full monthly salary since February 2006. Photo: BTselem

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    VALUE ADDED TAX

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    In the past two years, Palestinians were killed by Israeli security orces in the Gaza Strip tAnother people were killed in internal Palestinian ighting t

    he end of the Israeli groundoccupation inside the GazaStrip in August 2005 did

    not end the ring of Qassam rocketsby Palestinian militants into Israel. TheIsraeli army responded forcefully fromthe land, sea, and air.Passers-by in crowded areas have beenhit by missiles aimed at suspectedmilitants. Residents of densely-populated neighborhoods were killed byartillery shells a weapon that is knownto be imprecise. Palestinians spottedclose to the perimeter fence, includingchildren, have been shot dead.During the clashes following Israelimilitary operations in the Gaza Strip,many civilians who had no connectionto the ghting were killed.When Israel intentionally destroyed theonly power station in the Gaza Stripin June 2006, Gaza fell into darknessand life was disrupted for over threemonths.

    Violence among Palestinian factions hasalso taken a heavy toll. Family membersof militants from the opposing side havebeen targeted. Palestinian civilians andforeign journalists were abducted and, insome cases, summarily executed. Israelisoldier Gilad Shalit continues to be heldillegally as a hostage.International Humanitarian Lawprovides special protection for civiliansin armed con ict. Targeting civiliansis absolutely prohibited, even if thepurpose is to protect other civilians.

    Even attacking military targets isprohibited if the attack will causedisproportionate harm to civilians.These rules are universal. They apply toIsrael. They apply to the Palestinians.Those who break these rules bearcriminal liability for their actions.

    In the past two years * 668 Palestinians were killed in the Gaza Strip by the Israeli securityforces. Over half 359 people were not involved in any hostilities athe time they were killed. 126 of those killed were minors.361 were killed by missiles red from helicopters. 39 of those killewere targeted for assassination. 99 were killed by tank re. 18 memof one family were killed by shells that hit their home. Another 35people have been killed in ghting between armed Palestinian groups

    over 150 were killed in the Fatah-Hamas clashes in June alone. Of those killed, 90 did not take part in the ghting.During the same period, Palestinians red some 2800 Qassam rockand mortar shells into Israel from the Gaza Strip. Four Israeli civili

    were killed by Qassam rockets and hundreds were injured. Four members of the Israeli security forces were killed in attacks originatingin the Gaza Strip.* the statistics are accurate for the period 1 September 2005-25 July 2007

    My father left home when I was threeand I was brought up by my mother.In August 2006, in the middle of thenight, the Israeli army entered ourneighborhoodin Rafah. When theygot about 350 meters from our home

    we ran away. As we walked along the road, I saw planesin the sky and suddenly I felt my body shake. I woke upin the hospital thirteen days later.

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    I discovered that I had lost one of my legs and my bodywas covered in shrapnel. My uncle told me that mymother (43), my brother Imad (16), and my sister Kifah(14) were all killed. I felt that my life was over. I cantwalk and I cant do anything by myself. I dont haveany family now. I am in a wheelchair and I live with myuncle. I sit at the entrance to the house, watch the childrenplaying, and cry. I am sorry that I survived.Nail Al-Natur, 1 , resident o Ra ah

    A MATTER OF LIFE AND DEATH

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    In September 2004, a Qassam rocket fell next to my house.I rushed outside and saw Yuval, a four year-old boy. Bothhis legs had been severed, and he also had stomach and headwounds. I motioned for the first ambulance that arrived totake him, and ran on to treat other wounded. Later I learnedthat Yuval had died. I used to be indifferent to the rockets.But once you see the destruction, how it tore that kid apart,you cant stay indifferent. Everyone says were bravebecause we live here, but we have no choice. Most of thosewho want to leave can't afford to go anyplace else.Eddy A'zran, , resident o Sderot, Israel