Blockade of the Gaza Strip: Difference between revisions

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Undid revision 523889661 by 159.1.15.34 (talk) Please provide a copy of this source, let's see if this is there. at least "culture and experience" is there per Google
Undo - The 8% bit was not there. Also, I don't think the word "subtract" was used. They said "adjust". Also, the source is positive towards Israel while we're just taking one negative passage. Also, the document described may not have been used.
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The Egyptian government feared also that Iran wants to establish a base in its territory as well as in Gaza through its proxy Hizbullah following the [[2009 Hezbollah plot in Egypt]]. Almasryalyoum:<ref>http://www.almasryalyoum.com/en/news/harsh-prison-sentences-hizbullah-cell-membersWed, 28 April 2010 – 11:02</ref> Haaretz:<ref>{{cite web|last=Stern |first=Yoav |url=http://www.haaretz.com/news/egypt-state-daily-iran-hamas-hezbollah-tried-to-overthrow-mubarak-1.274304 |title=Egypt state daily: Iran, Hamas, Hezbollah tried to overthrow Mubarak – Haaretz Daily Newspaper &#124; Israel News |work=Haaretz |location=Israel |date=16 March 2011 |accessdate=27 March 2011}}</ref>
The Egyptian government feared also that Iran wants to establish a base in its territory as well as in Gaza through its proxy Hizbullah following the [[2009 Hezbollah plot in Egypt]]. Almasryalyoum:<ref>http://www.almasryalyoum.com/en/news/harsh-prison-sentences-hizbullah-cell-membersWed, 28 April 2010 – 11:02</ref> Haaretz:<ref>{{cite web|last=Stern |first=Yoav |url=http://www.haaretz.com/news/egypt-state-daily-iran-hamas-hezbollah-tried-to-overthrow-mubarak-1.274304 |title=Egypt state daily: Iran, Hamas, Hezbollah tried to overthrow Mubarak – Haaretz Daily Newspaper &#124; Israel News |work=Haaretz |location=Israel |date=16 March 2011 |accessdate=27 March 2011}}</ref>

In January 2008, the Israeli government calculated how many calories per person were needed to prevent a humanitarian crisis in the Gaza strip, and then subtracted eight percent to adjust for the "culture and experience" of the Gazans.<ref>Hass, Amira. [http://www.haaretz.com/news/diplomacy-defense/2-279-calories-per-person-how-israel-made-sure-gaza-didn-t-starve.premium-1.470419?localLinksEnabled=false "2,279 calories per person: How Israel made sure Gaza didn't starve."] ''Haaretz Newspaper'', 17 October 2012.</ref>


===January 2008 breach of the Gaza-Egypt border===
===January 2008 breach of the Gaza-Egypt border===

Revision as of 20:30, 19 November 2012

The Gaza Strip Blockade area, 2009

The blockade of the Gaza Strip refers to a land, air, and sea blockade on the Gaza Strip by Israel and Egypt. Israel eased the blockade for non-military goods in June 2010, and Egypt reopened the Rafah border crossing in 2011 for persons.[1][2]

In 2006 Hamas won the Palestinian legislative election, triggering the 2006-2007 economic sanctions against the Palestinian National Authority by Israel and the Quartet on the Middle East. In March 2007, Hamas and Fatah formed a Palestinan authority national unity government headed by Ismail Haniya. Shortly after, in June, Hamas took control of the Gaza Strip in the course of the Battle of Gaza,[3] seizing government institutions and replacing Fatah and other government officials with its own.[4] Following the takeover, Egypt and Israel largely sealed their border crossings with Gaza, on the grounds that Fatah had fled and was no longer providing security on the Palestinian side.[5]

Israel maintains that the blockade is necessary to limit Palestinian rocket attacks from the Gaza Strip on its cities and to prevent Hamas from obtaining other weapons. Prior to its 2011 opening of the Rafah crossing, Egypt maintained that it could not fully open its side of the border since completely opening the border would represent Egyptian recognition of the Hamas control of Gaza, undermine the legitimacy of the Palestinian National Authority and consecrate the split between Gaza and the West Bank.[6]

Facing mounting international calls to ease or lift their blockade in response to the Gaza flotilla raid, Egypt and Israel lessened the restrictions starting in June 2010. Israel announced that it will allow all strictly civilian goods into Gaza while preventing certain weapons and what it designates as "dual-use" items from entering Gaza.[7] Egypt partly opened the Rafah border crossing from Egypt to Gaza, primarily for people, but not for supplies, to go through.[8] The Israeli NGO Gisha Legal Center for Freedom of Movement asserted in a July 2010 report that Israel continues to prevent normal functioning of the Gazan economy. Israel continues to severely restrict and/or prevent people from entering or exiting Gaza according to Gisha.[9][10][11] The United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) conducted an assessment of the humanitarian impact of the easing of the blockage in January and February 2011 and concluded that they did not result in a significant improvement in people’s livelihoods.[12]

Egypt opened the Rafah border crossing permanently on 28 May 2011. Women of all ages and men aged below 18 and above 40 are able to enter Egypt without a visa,[13] although there are still severe restrictions on the movement of personnel and goods to and from Gaza.[14][15] In practice, however, a great deal of goods are smuggled in through tunnels between Egypt and Gaza, and the quantity of goods smuggled in has increased greatly since the Egyptian revolution in early 2011.[16]

Opinion on the legality of the blockade is mixed. In September 2011, a UN investigative committee concluded in the Palmer Report that the naval blockade is legal and had to be judged isolated from the restrictions on goods reaching Gaza via the land crossings. Concerning the restrictions on goods reaching Gaza via the land crossings the Palmer report stated that they were the main reason for an unsustainable and unacceptable humanitarian situation in Gaza.[17][18][19][20] UN envoy Desmond Tutu, United Nations Human Rights Council head Navi Pillay, the International Committee of the Red Cross and, according to Richard Falk, most experts on international law[21] consider the blockade illegal.[22][23][24][25][26]


Background

1989–2004

Since June 1989, Israel has formally restricted the movement of Palestinians, imposing a magnetic-card system whereby only those with such a card were allowed to leave the Strip: Israeli authorities did not issue magnetic cards to released prisoners, former administrative detainees, or people who had been detained and released without charges being filed against them.[27] January 1991 marked the beginning of the permanent closure policy, whereby each resident of Gaza who desired to travel within Israel or the West Bank was required to have a personal exit permit.[27] In March 1993, Israel imposed an overall closure on Gaza with newly built checkpoints; and, from October 2000, Israel imposed a comprehensive closure on the Gaza Strip.[27]

When the Al-Aqsa Intifada broke out in September 2000 Israel put trade restrictions on the Gaza Strip and closed the Gaza International Airport. The economic effects worsened after the creation of a ‘buffer zone’ in September 2001, that would seal all entry and exit points in the Palestinian Territories for "security reasons." After 9 October 2001, movement of people and goods across the ‘Green Line’ dividing the West Bank from Israel, and between the Gaza Strip and Israel, was halted, and a complete internal closure was effected on 14 November 2001.[28] The worsening economic and humanitarian situation raised great concern abroad. According to the UN Conference on Trade and Development (UNCTAD), in January 2003, the Israeli blockade and closures had pushed the Palestinian economy into a stage of de-development and drained as much as US $2.4 billion out of the economy of the West Bank and the Gaza Strip.[29]

2005 Agreement on Movement and Access

The Israel Defence Forces left the Gaza Strip on 1 September 2005 as part of Israel's unilateral disengagement plan. An 'Agreement on Movement and Access' between Israel and the Palestinian Authority was brokered by Condoleezza Rice in November 2005 to improve Palestinian freedom of movement and economic activity in the Gaza Strip. Under its terms, the Rafah crossing with Egypt was to be reopened, with transits monitored by the Palestinian National Authority and the European Union. Only people with Palestinian ID, or foreign nationals, by exception, in certain categories, subject to Israeli oversight, were permitted to cross in and out. All goods, vehicles and trucks to and from Egypt had to pass through the Israeli crossing at Kerem Shalom, under full Israeli supervision.[30] Goods were also permitted transit at the Karni crossing in the north.

2006–2007 economic sanctions

The 2006–2007 economic sanctions against the Palestinian National Authority were economic sanctions imposed by Israel and the Quartet on the Middle East against the Palestinian National Authority and the Palestinian territories following the January 2006 legislative elections that brought Hamas to power.[31] In March 2007, the Palestinian Legislative Council established a national unity government, with 83 representatives voting in favor and three against. Government ministers were sworn in by Mahmoud Abbas, the chairman on the Palestinian Authority, in a ceremony held simultaneously in Gaza and Ramallah.

Throughout 2006, the Karni crossing remained only partially operational, costing Palestinians losses of $500,000 a day, as less than 10% of the Gaza Strip's minimal daily export targets were achieved. Basic food commodities were severely depleted, bakeries closed and food rationing was introduced.[32]

Blockade timeline 2007-2010

The Gaza Strip

June 2007 – January 2008

In June 2007 Hamas took control of the Gaza Strip[3] and removed Fatah officials. Following the Battle of Gaza, the international sanctions were terminated in June 2007 while at the same time a new and more severe blockade of the Gaza Strip was initiated.

In response to the violent clashes, President Abbas declared a state of emergency and dissolved the national unity government on 14 June. Prime Minister Ismail Haniyeh called this decision "hasty", and pledged to stay in power. Hamas gained complete control of the Gaza Strip on 15 June,[3] after forcing out Fatah.

Following the takeover, Egypt and Israel largely sealed their border crossings with Gaza, on the grounds that Fatah had fled and was no longer providing security on the Palestinian side.[5]

In July 2007, Israeli officials planned an opening of the Rafah border crossing in order to allow stranded Palestinians to return, but the plan was cancelled after Hamas threatened to fire on the refugees.[33]

A Jerusalem Post article mentions Hamas' complaints that since June 2008 the P.A. does not deliver any more passports to the Gazans thus trapping them tightly.[34]

Egypt, fearing a spill-over of Hamas-style militancy into their territory, kept its border with Gaza largely sealed.[35] Israel sealed the border completely on 17 January in response to rocket attacks on southern Israel and Palestinian militant attacks on crossing points between Israel and Gaza.[36][37]

The Egyptian government feared also that Iran wants to establish a base in its territory as well as in Gaza through its proxy Hizbullah following the 2009 Hezbollah plot in Egypt. Almasryalyoum:[38] Haaretz:[39]

January 2008 breach of the Gaza-Egypt border

On 22 January 2008, Palestinians clashed with Egyptian police in front of the border, demanding that the Rafah crossing be opened. The clashes included live fire, and there were injuries on both sides. Fifty women managed to cross, and Egyptian police responded with a water cannon assault. Additional Egyptian security forces arrived, and managed to restore calm and prevent Palestinians from crossing.[40]

The breach of the Gaza-Egypt border began on 23 January 2008, after gunmen in the Gaza Strip set off an explosion near the Rafah Border Crossing, destroying part of the former Israeli Gaza Strip barrier. The United Nations estimated that as many as half of the population of the Gaza Strip crossed the border into Egypt seeking food and supplies.[41] Israel said that militants had exploited the breach in the border wall to send armed men into the Sinai to infiltrate Israel across the Sinai-Israel border. Egyptian troops at first permitted crossing[35] but did not allow Palestinians to travel further than El Arish. On 25 January, Egyptian forces blocked almost all illegal entry points to stem the flow of Gazans pouring in, and Egyptian riot police erected barbed wire and chain-link fences along the border. Palestinians used a bulldozer to knock down the fence and once again flooded in. Egyptian border police began stopping Palestinians from crossing and sealed the road from Rafah to El Arish. On 28 January, Egyptian security forces and Hamas militants strung barbed wire across one of the breaches, sealing it off. The Egyptians began repairing one of the two remaining breaches on 29 January, and closed the border with the Gaza Strip on 3 February 2008.

Mid-2008 violence

Throughout mid-2008, Israel continued to inspect all humanitarian aid for Gaza and delivering approved items through the crossing points of Karni, Kerem Shalom, Erez, and Sufa.

Throughout this period, Hamas launched raids against these crossing points. The first was an 9 April infiltration by four Hamas fighters through the Kerem Shalom border crossing. The four fighters attacked a terminal in Nahal Oz being used to deliver fuel to Gaza, killing two workers. Three of the fighters were subsequently killed by Israeli strikes as they attempted to flee.[42]

On 19 April, Hamas launched another attack against a border crossing in the early morning hours. Three fighters were killed in the operation, and thirteen Israeli soldiers were wounded.

June 2008 attempt at easing restrictions

Under a ceasefire agreement between Israel and Hamas in June 2008, Israel agreed to lift its blockade of Gaza Strip. It was reported that in August 2008, Israel was still allowing in very few goods.[43] At Egypt's request, Israel did not always respond to Palestinian cease fire violations by closing the border.[44]

Israel accused Hamas of transporting weapons into Gaza via tunnels to Egypt, failing to stop rocket attacks, and noted that Hamas would not continue negotiating the release of Israeli hostage Gilad Shalit, who had been held by Hamas since 2006.[45] Hamas' decision alienated it from the government of Egypt, which had linked the opening of the Gaza-Egypt border crossing with Shalit's release.[46] In the early stage of the cease-fire, Israeli officials had stated that they found “a certain sense of progress” on Shalit's release.[47]

The UN recorded seven Israel Defense Forces (IDF) violations of the ceasefire between 20 and 26 June, and three violations by Palestinian groups not affiliated with Hamas between 23 and 26 June.[48] On 18 December, the Izz ad-Din al-Qassam Brigades, the military wing of Hamas, reported 185 Israeli violations during the lull period.[49] The Intelligence and Terrorism Information Center reported a total of 223 rockets and 139 mortar shells fired from Gaza during the lull, including 20 rockets and 18 mortar shells before 4 November.[50] It noted that "Hamas was careful to maintain the ceasefire" until 4 November, when the ceasefire was "seriously eroded."[51] Rocket fire decreased by 98 percent in the four and a half months between 18 June and 4 November when compared to the four and half months preceding the ceasefire.[52] Hamas denied responsibility for the rocket fire during the lull. Human Rights Watch reported that while Hamas security forces demonstrated an ability to curb rocket fire, while some people detained for rocket firing were released without explanation.[53]

In August 2008, the first NGO-organized attempt to breach Israel's maritime closure of the Gaza Strip took place when two vessels manned by activists from the Free Gaza Movement and International Solidarity Movement sailed from Cyprus towards Gaza, carrying hearing aids and balloons. The boats reached Gaza on 23 August after the Israeli government decided to let them through.[54]

On 28 October 2008, the 66-foot yacht Dignity, manned by Free Gaza Movement activists and carrying medical supplies, docked in Gaza harbor. Israel had initially decided to stop the vessel, but the decision was made to let it through just before it reached Gaza.[55]

2008–2009 Gaza war and aftermath

In January 2009, after the first phase of the Gaza War, Israel said it would allow in some humanitarian aid, but will continue its economic blockade in order to weaken the power of Hamas.[56] In June 2009, on the second anniversary of the blockade, 38 United Nations and non-governmental humanitarian organisations issued a joint press release calling for "free and uninhibited access for all humanitarian assistance in accordance with the international agreements and in accordance with universally recognised international human rights and humanitarian law standards".[57] As of July 2009, Israel said it is making the humanitarian relief efforts in Gaza one of its top priorities.[58] The amount of goods Israel allows into Gaza is one quarter of the pre- blockade flow.[57]

Mark Regev, spokesman for Israeli Prime Minister Ehud Olmert stated "We want to make sure that reconstruction for the people of Gaza is not reconstruction for the Hamas regime." U.S. State Department spokesman Robert Wood said on 25 February that "Aid should never be used as a political weapon. We'll try to push to get into Gaza as many supplies as possible."[59]

The Olmert cabinet had decided in March 2009 that food and medical supplies to Gaza would be allowed through unfettered. This was met with resistance by Israel's Defense Ministry, which controls the border crossings.[60]

An Israeli military spokesperson said that each item was decided on an individual basis and that food was being let through daily. According to Tel Aviv NGO Gisha, the amount of food entering Gaza is as of May 2009, about 25% of the pre-June 2007 figures. A UN study has found that Gazan families are eating fewer meals a day and mainly relying on carbohydrates such as rice and flour because protein foods are expensive or unavailable. Chicken eggs have doubled in price due to the destruction of chicken coops during the Gaza War.[60]

February 2009 Hamas-UNRWA incident

On 3 February, 3,500 blankets and over 400 food parcels were confiscated by Hamas police personnel from an UNRWA distribution center. On the following day, the UN Emergency Relief Coordinator demanded that the aid be returned immediately.[61] In a separate incident on 5 February, Hamas seized 200 tons of food from UNRWA aid supplies. The following day, UNRWA suspended its activities in Gaza. Hamas issued a statement stating that the incident was a misunderstanding between the drivers of the trucks and had been resolved through direct contact with the UNRWA.[62] On 9 February, UNRWA lifted the suspension on the movement of its humanitarian supplies into Gaza, after the Hamas authorities returned all of the aid supplies confiscated.[63]

June 2009 easing of blockade

In June 2009, the blockade was eased to allow processed hummus, but not hummus with extras such as pine nuts or mushrooms.[64]

May 2010 Gaza flotilla raid

On 31 May 2010 the Israeli Navy seized an aid convoy of six ships known as the "Gaza Freedom Flotilla".[65] aiming to break through the blockade. The flotilla had declined an Israeli request to change course to the port of Ashdod, where the Israeli government had said it would inspect the aid and deliver (or let humanitarian organizations deliver) Israeli-approved items to Gaza.[66]

Israeli Shayetet 13 naval commandos boarded the ships from speedboats and helicopters launched from three missile ships, while the flotilla was still in international waters.[67] On the MV Mavi Marmara, the main ship of the convoy, passengers attacked and managed to capture three soldiers.[68] After failing to disperse the activists using non-lethal means, the soldiers resorted to live fire. On other ships, soldiers were met with passive resistance which was easily suppressed with non-lethal techniques. Nine passengers were killed and dozens wounded. Nine soldiers were also injured, two of them seriously. All of the ships were seized and towed to Ashdod, while passengers were imprisoned in Israel and then deported to their home countries.[69][70][71][72][73][74][75] The MV Rachel Corrie, a seventh ship that had been delayed, set sail from Malta on the same day of the flotilla's interception. Israeli naval vessels shadowed the Rachel Corrie, and after it ignored three warnings, Israeli commandos boarded the ship from speedboats, arrested the crew, and forced it to sail to Ashdod.[76]

Freedom Flotilla II

Following the Gaza flotilla raid, a coalition of 22 NGOs assembled a flotilla of 10 vessels and 1,000 activists to breach the blockade. The vessels docked in Greece in preparation for the journey to Gaza. However, the Greek government announced that it would not allow the vessels to leave for Gaza,[77] and the Hellenic Coast Guard stopped three vessels attempting to evade the travel ban and leave port. On 7 July, most activists left for home, leaving only a few dozen to continue the initiative.[78] On 16 July, the French yacht Dignite Al Karama was allowed to leave port after informing Greek authorities that its destination was Alexandria, Egypt. Instead, the yacht headed directly for Gaza. The Israeli Navy stopped the Dignite Al Karama about 65 kilometers off Gaza. After the boat was warned and refused to turn back, it was surrounded by three Israeli naval vessels and boarded by Shayetet 13 commandos, who took it over. The boat was then taken to Ashdod.[79]

Third Flotilla

On 4 November 2011, the Israeli Navy intercepted two vessels heading towards Gaza in a private initiative to break the blockade. Shayetet 13 commandos boarded the vessels from speedboats and took them over with no resistance. The vessels were then taken to Ashdod port.[80]

June 2010 easing of the blockade

Following the Gaza flotilla raid, Israel and Egypt faced mounting international calls to ease or lift their blockade.

On 1 June 2010, the Rafah border crossing from Egypt to Gaza was partially opened. Egypt’s foreign ministry has made it clear that the crossing will remain open mainly for people, not for aid, to go through.[8] Several aid trucks began making it into Gaza during the following morning including some carrying power generators from the Egyptian Red Crescent, and hundreds of Gazans who had been staying in Egypt returned home, although little traffic, human or cargo, flowed from Gaza to Egypt.[81] On 3 June, the manager of the Gaza side of the Rafah crossing, Salameh Barakeh, explained that the crossing is open for the free travel of patients, foreign passport holders, those with residency status in other countries, students and internationals.[82] The Arab Physicians Union officials submitted a request to Egyptian authorities on 3 June 2010 to send 400 tons of food, blankets, electric generators for hospitals and construction material from Egypt to Gaza, but their request was denied by Egyptian authorities without specific reason. Emad Gad, political analyst at Egyptian Al-Ahram Center for Political and Strategic Studies, believes the government should keep the Rafah border under control because opening it completely could allow weapons smuggling or illegal financial transactions.[8]

On 17 June 2010, Israel's Prime Minister's Office announced that Israel's security cabinet had agreed to relax Israel's blockade on the Gaza Strip, and issued an English-language press release, according to which a decision to ease the blockade had been made. The English text reads: "It was agreed to liberalize the system by which civilian goods enter Gaza [and] expand the inflow of materials for civilian projects that are under international supervision." However, no binding decision has been made during the cabinet meeting, and an announcement issued in Hebrew did not mention any such decision. The Prime Minister's office said that a meeting would be held soon, and expressed hope that a binding decision will be taken then.[83]

On 20 June 2010, Israel's Security Cabinet approved a new system governing the blockade that would allow practically all non-military items to enter the Gaza strip. According to a cabinet statement, Israel would "expand the transfer of construction materials designated for projects that have been approved by the Palestinian Authority, including schools, health institutions, water, sanitation and more – as well as (projects) that are under international supervision." Despite the easing of the land blockade, Israel announced to continue to inspect all goods bound for Gaza by sea at the port of Ashdod. Internationally, this decision received mixed reactions.

International Response to Easing of Restrictions

Tony Blair, who welcomed Israel's decision to ease the restrictions on behalf of the Quartet on the Middle East, said that the Quartet – the UN, US, EU, and Russia – would continue talks with Israel "to flesh out the principles". Suggesting that "items of ordinary daily life, including materials for the construction of homes, infrastructure and services as the UN have asked" should be allowed to enter Gaza, he stated that "the decision to allow foodstuffs and household items is a good start".[84] A spokesperson for the Secretary-General of the United Nations declared that the Secretary-General would be encouraged that the Israeli government is reviewing its policy towards Gaza. He added that the United Nations would continue to seek a fundamental change in policy as agreed by the Quartet. Hamas spokesperson Sami Abu Zuhri said that Israel's decision would have been designed to "beautify" the blockade and mislead public opinion.[85][86]

A British Foreign Office spokesman said: "It is good that Israel is giving serious consideration to resolving these issues, [b]ut further work is needed. We need to see the additional steps still to be announced." EU officials also said they were disappointed by the decision.[85] German Minister of Economic Cooperation and Development Dirk Niebel said that the Israeli announcement was "not sufficient". During a visit to the country, Niebel intended to visit a sewage treatment plant being financed with German development aid, but was denied entry into the Gaza strip by Israel. He commented that the Israeli government sometimes would "not make it easy for its friends to explain why it behaves the way it does."[87] A spokesperson for Israel's Foreign Ministry responded that Israel would have been obliged to allow any other European minister entry if it had allowed Niebel to visit the Gaza strip, thus conferring additional legitimacy to the Hamas government.[88]

Chris Gunness from UNRWA criticised Israel's move to ease the blockade as not being adequate, saying that "Even if the blockade is eased it remains illegal under international law as it is a collective form of punishment on a civilian population. Eighty percent of Gaza's population is aid-dependent. Allowing more aid in is perpetuating this dependency and not addressing the issue of self- sufficiency or the root causes of the crisis. What have not been addressed by the easing of the closure are the issues of exports as well as the limited number of crossings open to facilitate the flow of goods. Operation Cast Lead destroyed at least 60,000 homes and structures which need to be urgently repaired and rebuilt. The easing of the blockade is not addressing this adequately."[89]

Maxwell Gaylard, UN Deputy Special and Humanitarian Coordinator for the Middle East also criticised Israel, saying "Permitting mayonnaise and potato chips into Gaza is really irrelevant in dealing with the underlying issues. What we need to see is an improvement in Gaza's water, sanitation, power grid, educational and health sectors. Gaza's economy is shot to pieces and its infrastructure is extremely fragile."[89]

New blockade policy by Israel

On 20 June 2010, Israel's Security Cabinet approved a new system governing the blockade that would allow practically all non-military or dual-use items to enter the Gaza strip. According to a cabinet statement, Israel would "expand the transfer of construction materials designated for projects that have been approved by the Palestinian Authority, including schools, health institutions, water, sanitation and more – as well as (projects) that are under international supervision."[90] Despite the easing of the land blockade, Israel will continue to inspect all goods bound for Gaza by sea at the port of Ashdod.[91]

Israeli Prime Minister Benjamin Netanyahu said that the decision enabled Israel to focus on real security issues and would eliminate "Hamas' main propaganda claim,"[92] and that it would strengthen the case for keeping the sea blockade in place.[93] He also said the decision would have been coordinated with the United States and with Tony Blair, the representative of the Quartet for the Middle East.[92] Blair characterized the decision as a "very significant step forward", but added that the decision needs to be implemented.[90] In a statement, the Quartet said that the situation remained "unsustainable and unacceptable" and maintained that a long-term solution was urgently needed.[94][95] The UNRWA called for a complete lift of the Gaza blockade, expressing concern that the new policy would continue to limit Gaza's ability to develop on its own.[95] The European Union's representative for foreign policy, Catherine Ashton, welcomed the decision. She called the step "a significant improvement" and expressed the expectation that the measures take effect as soon as possible, adding that "more work remains to be done."[96] The U.S. government welcomed the decision, expressing the belief that the easing would significantly improve the lives of Gaza Strip residents and prevent weapons smuggling.[90] It expressed its intention to contribute to an international effort to "explore additional ways to improve the situation in Gaza, including greater freedom of movement and commerce between Gaza and the West Bank."[97] Hamas dismissed the measures as trivial and "media propaganda", and demanded a complete lifting of the blockade, including the removal on all restrictions on the import of construction material.[90] Israeli Arab member of Knesset Hanin Zoabi commented that the easing of the blockade would prove that "it is not a security blockade, but a political one," adding that the flotilla "succeeded in undermining the blockade's legitimacy."[98]

The U.S., United Nations, European Union and Russia in 2010 were jointly consulting with Israel, the Palestinian Authority and Egypt on additional measures, described by the United States Department of State as a "fundamental change in policy" toward the Gaza strip.[93]

Lieberman Proposal

In July 2010, Israel's foreign minister Avigdor Lieberman proposed an initiative to shift full responsibility over the Gaza Strip to the international community. He announced that he plans to discuss the idea, which was labeled a "personal initiative" with the EU Foreign Minister Catherine Ashton.[99]

Lieberman proposed that units of the French Foreign Legion and commando units from EU member states be sent in to secure the Gaza border crossings to prevent the smuggling of weapons, and that the border with Israel be sealed. Ships that underwent inspections in Cyprus or Greece would be allowed to dock in Gaza and unload humanitarian cargoes. The EU would help improve and build civilian infrastructure, and Gaza would become a fully independent entity.[100]

Humanitarian impact assessment

In January and February 2011, the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) conducted an assessment of the effects of the measures to ease the access restrictions.[12] They concluded that they did not result in a significant improvement in people’s livelihoods.[12]

They found that a limited reactivation of the private sector resulted from the increased availability of consumer goods and some raw materials but the "pivotal nature of the remaining restrictions" and the effects of three years of strict blockade prevented a significant improvement in livelihoods.[12] Although the unemployment rate in Gaza fell from 39.3% to 37.4% in the second half of 2010 there were significant food price rises.[12] There was little or no improvement in food insecurity rates in Gaza which continued to affect 52% of the population.[12] Few of the 40,000 housing units needed to replace homes lost during Operation Cast Lead and for natural population growth could be built as a result of the ongoing restrictions on importing building materials.[12] The approval of over 100 projects funded by international organizations intended to improve the "extremely deteriorated" water and sanitation, education and health services, followed the easing of the blockade.[12] The implementation of these projects was delayed by the entry approval process for materials and the limited opening of the Karni crossing.[12] OCHA found that there had been no improvement in the quality of services provided to the population of the Gaza Strip as a result of the projects so far.[12] There was no significant increase in the number of exit permits granted by Israel to allow access to the outside world including other parts of the Palestinan territories.[12] Permits continued to be issued by Israel only on an exceptional basis with a 114 being issued during the second half of 2010.[12] OCHA described Egypt’s move to regularly operate its crossing with Gaza for special categories of people as a "significant, albeit limited, improvement".[12]

They concluded that the easing of restrictions was "a step in the right direction" but called on Israel to fully abolish the blockade including removing restrictions on the import of construction materials and the exports of goods, and to lift the general ban on the movement of people between Gaza and the West Bank via Israel in order to comply with what they described as international humanitarian and human rights law obligations.[12]

Further easing (2011-2012)

Following the Egyptian revolution of 2011, the new Egyptian leadership opened the Rafah crossing to the Gaza Strip on 28 May 2011, for women, children and men over 40.[13] Men aged between 18 and 40 require a permit and trade is prohibited.[13] Palestinians leaving Gaza are required to carry ID cards issued by Israel.[13] Israel criticised the opening citing security concerns.[13] However, little changed in reality, and there were still severe restrictions on movements to and from Gaza.

In 2012 Egypt started supplying fuel to the Gaza Strip, to help ease a lengthy fuel crisis arising from a dispute between Egypt and the Hamas government in Gaza over whether Gaza can trade with Egypt openly, or only via Israel.[101]

Land blockade

The Israel and Egypt–Gaza Strip barrier, built by Israel between 1994 and 2005 when it had full control of the Gaza Strip, separates the Gaza Strip from both Egypt and Israel; the Israeli Defense Forces maintain a presence at all border crossings and regularly patrol along the fence. All humanitarian aid bound for Gaza via Israel is transferred through four border crossings: The Kerem Shalom, Karni, Erez, and Sufa crossings. All aid first undergoes security inspection before being transferred by truck into Gaza.

Additionally, the Egypt-Gaza barrier was built underground by Egypt starting in 2009. The stated aim was to block smuggling tunnels. The Egyptian Border Police maintain a presence along the Egypt-Gaza border. The Rafah Border Crossing is the only lawful crossing point between Egypt and Gaza, and is manned by Palestinian Authority security forces and the European Union Border Assistance Mission Rafah.[102] All humanitarian supplies are transferred through Israel or Egypt via the land crossings after security inspection.

The Muslim Brotherhood in the Egyptian parliament wished to open trade across the border with Gaza in 2012, a move said to be resisted by Egypt's Tantawi government.[103]

Goods blocked

Israel allows limited humanitarian supplies from aid organizations into the Gaza Strip.[citation needed] According to the Coordinator of Government Activities in the Territories of the Israel Defense Forces, in May 2010, this included over 1.5 million litres of diesel fuel and gasoline, fruits and vegetables, wheat, sugar, meat, chicken and fish products, dairy products, animal feed, hygiene products, clothing and shoes.[104]

Israel announced on June 2010 it would allow all strictly civilian goods into Gaza while preventing certain weapons and dual-use items from entering the Hamas-run Gaza.[7]

According to the UN Office for the Coordination of Humanitarian Affairs at various times, Israel has blocked goods including wheelchairs, dry food items, and crayons, Stationery, soccer balls, and musical instruments.[105][106][107] International aid group Mercy Corps said it was blocked from sending 90 tons of macaroni and other foodstuffs. After international pressure, Israeli authorities said that they were giving the shipment a green light.[59] Israel was also reported to have prevented aid groups from sending in other items, such as paper, crayons,[citation needed] tomato paste and lentils.[108] Because of an Israeli ban on the importation of construction materials (such as cement and steel) for fear of Hamas using them to build bunkers and fortified positions from which to shell villages in Israel, the UN Relief and Works Agency built at least one mud brick home, and planned to build up to 120.[109] Aid agencies[who?] say that food waits on trucks and in warehouses, and many basic items are rejected by Israel as "luxuries" or are turned down for unexplained reasons[citation needed]. Tin cans are banned because the tin might be melted down and used to build weaponry or structures by Hamas, making it hard for Gazan farmers to preserve their vegetables.[110]

In January 2010, the Israeli group Gisha took Israeli authorities to court, forcing them to reveal which goods were permitted and which goods weren't. The Israeli government replied that canned fruit, fruit juices and chocolate are blocked, while at the same time canned meat, canned tuna, mineral water, sesame paste, tea and coffee are allowed into the Gaza Strip.[111]

According to the Failing Gaza after one year report by Amnesty International and other organisations cement, glass, steel, bitumen, wood, paint, doors, plastic pipes, metal pipes, metal reinforcement rods, aggregate, generators, high voltage cables and wooden telegraph poles are "high priority reconstruction materials currently with no or highly limited entry into Gaza through official crossings."[112] A 2009 UN report by Kevin M. Cahill called the restrictions "Draconian", and said that reconstruction is halted because Israel does not permit the importation of steel, cement or glass, among other building materials, and has restricted importation of lentils, pasta, tomato paste and juice, as well as batteries for hearing aids for deaf children. He said that despite the restrictions UNRWA has been able to provide a basic food supply to over a million refugees in the Gaza Strip. He added that he "visited a food station where hundreds of displaced persons waited to collect their meager staples of rice, sugar, lentils and cooking oil. While this program may save people from starvation, it is a diet that does not prevent the highest level of anemia in the region, with alarming rates of childhood stunting due to inadequate nutrition."[113]

The Palestinians who negotiated the 2008 cease-fire believed that the commerce in Gaza was to be restored to the levels preceding Israel's withdrawal in 2005 and Hamas's electoral victory.[114][115] Israeli policy tied the easing of the blockade on success in reducing rocket fire.[116] Israel permitted a 20% increase in goods trucked into Gaza in the pre-lull period, up from 70 to 90 truckloads a day,[114] including not only humanitarian supplies but also clothes, shoes, refrigerators, and construction materials.[117] Fuel supplies increased from 55MW worth to 65MW worth.[117] BBC News reported in 11 November that Gaza was then receiving only 28% of the amount of goods traded before the Hamas takeover.[117]

Over the one-month period from 4 November to 8 December, approximately 700 truck loads of goods went into Gaza, accounting for approximately 1/40th of estimated pre-blockade commerce.[5][115]

Israel stated that food imports into the Strip were restricted by its inability to operate at border checkpoints.[117] It accused Hamas of exacerbating fuel shortages by leading labor union strikes by power plant workers.[117] It has also accused Hamas of underfunding the Gaza health care system, and then blaming the situation on Israel despite supposed free trade of medical supplies. Shipments of permitted aid including medicines have expired due to the time taken to get permission to pass through border crossings requiring their destruction.[118] Israel states that three people claimed to require medical attention in Israel were in fact planning attacks in Israel as the reason why Israel imposes travel restrictions on Gazans.[117]

Tunnels

Smuggling tunnel in Rafah, 2009

The tunnels are mainly located at Rafah on the border of the Gaza Strip and Egypt. The tunnels connect the Egyptian town of Rafah with the Palestinian refugee camp of Rafah. As a result of the blockade, these tunnels have become a vital supply artery for Gaza.[119]

The tunnels are used for various purposes. They have been used to transport people (in and out) and commercial materials like medicine, food and clothes, cigarettes, alcohol, and vehicle parts into Gaza.[120][121] Israel says they are used to smuggle illegal arms (including rockets, mortars and explosives) to Gaza militants.[120][121] Often cars are sliced into four parts and transported across and re-assembled in Gaza.[119] Ahead of the Islamic festival, Eid al-Adha, they were used to transport live cattle.[119]

According to a tunnel operator, Israel bombards tunnels from the air, while Egypt either pumps poisonous gases and water or detonates explosives to destroy the tunnels. During the Gaza war, Israel destroyed most of the tunnels, reducing their number to 150 (from 3,000) as of late 2009.[119] Egypt is constructing an underground steel barrier to prevent circumvention of the blockade through tunnels.

Effects of land blockade on Gaza

There have been several reports and studies analysing the effect of the blockade on Gaza.

In July 2008, an UNRWA report on the situation in Gaza stated that "the number of households in Gaza below the consumption poverty line continued to grow, reaching 51.8 percent in 2007 (from 50.7 percent in 2006)".[122] In the same year, a Palestinian Bureau of Statistics study concluded that 80% of families in Gaza were living below the poverty line.[123] The CIA World Fact book places this figure at an estimated 70% for 2009.[124]

A World Health Organisation assessment conducted in 2009 claimed that the level of anemia in babies (9–12 months) was as high as 65%, while a Socio-economic and Food Security Survey Report stated that 61% of Gazans are food insecure and reliant on humanitarian aid. Of those that are food insecure, 65% are children under 18 years. Lastly, a European Network of Implementing Development Agencies (EUNIDA) report notes that, because of the security buffer zone imposed around Gaza as part of the blockade, as of June 2009, 46% of agricultural land was either inaccessible or out of production.[125]

On 14 June 2010, the International Committee of the Red Cross noted that the increasing scarcity of items has led to rises in cost of goods while quality has fallen.[126] There is also "an acute electricity crisis", where electricity supplies are "interrupted for seven hours a day on average". As a consequence, they note that public services, particularly health services, have suffered, posing "a serious risk to the treatment of patients". In addition, medical equipment is difficult to repair, and medical staff cannot leave to gain more training. Lastly, the ICRC note that sanitation is suffering, because construction projects lack the equipment needed, or the equipment is of poor quality. Only 60% of the population is connected to a sewerage collection system, with the rest polluting the Gaza aquifer. As a result, water is largely "unfit for consumption".[127]

A 25 May 2010 United Nations Development Programme report stated that, as a result of the blockade, most of Gaza's manufacturing industry has closed, and unemployment stood at an estimated 40%, a decrease on previous years. The blockade has also prevented much needed construction, noting that almost "none of the 3,425 homes destroyed during Cast Lead have been reconstructed, displacing around 20,000 people". Less than 20% "of the value of the damages to educational facilities has been repaired", only "half of the damage to the power network has been repaired", "no repair has been made to the transport infrastructure", "a quarter of damaged farmland has been rehabilitated and only 40% of private businesses have been repaired".[128]

Economic sanctions

Following the implementation of the blockade, Israel halted all exports from the Gaza Strip. Israeli human rights organization Gisha, the Legal Center for Freedom of Movement, obtained an Israeli government document which says "A country has the right to decide that it chooses not to engage in economic relations or to give economic assistance to the other party to the conflict, or that it wishes to operate using 'economic warfare,' ".[129] Sari Bashi, the director of Gisha, said that this showed that Israel wasn't imposing its blockade for its stated reasons of a security measure to prevent weapons from entering Gaza, but rather as collective punishment for the Palestinian population of Gaza.[129]

In November 2010, the Israeli government allowed Gaza to resume agricultural exports, while still banning industrial exports. Shortly afterward, Gazan farmers began exporting strawberries, peppers, carnations, and cherry tomatoes. The exports travel to Europe via Israel, and Israel then transfers the money to agricultural cooperatives, which in turn pay the Palestinian farmers. The exports were implemented with aid from the Netherlands, which was monitored by the Israeli defense establishment.[130]

Naval blockade

Israel has combined the Israeli and Egyptian blockade of Gaza's land borders with a maritime blockade of Gaza's port and coastline by the Israeli Navy. Israeli patrol boats permanently patrol Gaza’s coastline and routinely fire on Palestinian fishing vessels who go more than 6 nautical miles from shore.[131] Israel has intercepted a number of vessels providing aid for Gaza, claiming that they may be providing goods that may be used to build arms. Cynthia McKinney and Mairead Maguire were captured by Israel attempting to sail to Gaza and deported. The supplies McKinney and Maguire were carrying on board were later delivered to Gaza over land by truck.

Prime Minister Recep Tayyip Erdoğan has said that Turkish warships will escort Turkish boats bringing humanitarian aid to the Gaza Strip.[132]

Effect on the fishing industry

Al Jazeera report on the effects on the fishing industry

The sea blockade has caused damage to Gaza fishing industry. Palestinian fishing was originally to be permitted up to 20 nautical miles (37 km) offshore under the 1994 Gaza-Jericho agreement.[131] The agreement wasn't implemented and Israel allows fishermen to travel only 3 nautical miles (5.6 km) offshore, reduced from 6 nmi (11 km) in 2007. Israeli officials say the restrictions are necessary because of past incidents of Palestinians using fishing boats for smuggling and attacks. One fisherman who went outside these limits was forced to strip down to his underwear and swim to a naval vessel.[133] He was blindfolded, handcuffed and taken in for questioning. The Israeli Navy's response was that it was checking for weapons. The Navy reports they intercepted the craft entering Gaza from Egypt. B'Tselem has released a report documenting the "continual shooting at, abuse of, and humiliation of" Palestinian fishermen.[133]

According to the Fishing Under Fire Report 2009,[134] since the declaration of the "ceasefire"(18 January 2009), till the end of 2009:

– 1 fisherman was killed by naval gunfire.

– at least 7 fishermen have been injured by naval gunfire and at least another one sustained burns after shelling in the sea, while another fisherman was reported by several media to be lightly injured by gunfire, but his name wasn't reported.

– at least 6 Palestinian civilians were injured on shore by Israeli Naval gunfire (among them 4 children) and several others have been reportedly injured (among them another 5 fishermen have been reportedly injured on shore by Israeli shelling)

– 68 arrests of fishermen have been reported (at least 2 fishermen arrests twice) and 29 "confiscations" of fishing boats. Several fishing boats have been returned but with damages and equipment missing, and at least one hassaka (small fishing boat) was confiscated again.

– 1 Greek boat of the Free Gaza Movement ("Spirit of Humanity", official name "Arion") was seized and confiscated and all the 21 passengers and crew detained and later deported.

The UN Office for the Coordination of Humanitarian Affairs has estimated that Gaza fishermen need to journey at least 12–15 nautical miles from shore to catch larger shoals, and sardines in particular are 6 nmi (11 km) offshore. Shoals closer to shore have been depleted. The total catch pre-blockade in 1999 was nearly 4,000 tons, this was reduced to 2,700 tons in 2008. In the 90s, the Gaza fishing industry was worth $10 million annually or 4% of the total Palestinian economy; this was halved between 2001 and 2006. 45,000 Palestinians were employed in the fishing industry, employed in jobs such as catching fish, repairing nets and selling fish. Fish also provided much-needed animal protein to Gazans' diet.[135]

The International Committee of the Red Cross also notes that "90% of Gaza's 4000 fishermen are now considered either poor (with a monthly income of between 100 and 190 US dollars) or very poor (earning less than 100 dollars a month), up from 50% in 2008." Nezar Ayyash, head of Gaza's fishermen's union, is quoted as saying that he has been arrested and his boat confiscated several times.[127]

Energy restrictions

Almost all of Gaza's liquid fuel and about half of its electricity are supplied by Israel, while Gaza's sole power plant runs on crude diesel supplied by Israel. In late October 2007, in response to persistent rocket fire on Southern Israel, the Security Cabinet of Israel decided to cut diesel exports to Gaza by 15% and gasoline exports by 10%, and to create targeted electrical outages for 15 minutes after a rocket attack. According to Israeli officials, the energy flow to hospitals and Israeli shipments of crude diesel to Gaza's sole power plant would remain unaffected. The Israeli government argued that these limited energy cuts are a non-violent way to protest against Hamas rocket attacks.[136]

The following day, Attorney General of Israel Menachem Mazuz suspended the electricity cuts, and the Israeli Supreme Court gave the government three days to justify its energy cuts policy.[137]

On 1 December 2007, the Israeli Supreme Court ruled that the electricity cuts were unlawful, and ordered the Israeli military to stop them by the following day. In its ruling, however, the court allowed Israel to continue reducing its diesel and gasoline shipments to Gaza.[138]

Control of Gazan air space

The Oslo Accords interim peace agreements between the Palestinian Authority and Israel specify Israeli security control over Gazan airspace and coastal waters.[139] Gazan air space is controlled by radar.[131] Unmanned aerial surveillance drones regularly patrol, there are regular overflights by Israeli fighter jets and a surveillance balloon is tethered near the Erez crossing.[131]

Although the Yasser Arafat International Airport was destroyed by the Israeli Army in 2002, there is a remaining landing strip at the Gaza Airstrip which is potentially capable of accommodating STOL aircraft such as the DHC-7 were the air blockade to be lifted.[citation needed]

Debate

Egyptian arguments

Egypt's argument is that it cannot open Rafah crossing unless the Palestinian Authority headed by Mahmoud Abbas controls the crossing and international monitors are present. Egypt Foreign Minister Ahmed Aboul Gheit said Hamas wants the border opened because it would represent Egyptian recognition of the group's control of Gaza. "Of course this is something we cannot do," he said, "because it would undermine the legitimacy of the Palestinian Authority and consecrate the split between Gaza and the West Bank."[6]

Following the events of the Gaza flotilla raid in May 2010, after Egypt opened its borders with Gaza, it was reported that former Egyptian President Hosni Mubarak was caught between the need to appease growing public anger at Israel's actions and the necessity of maintaining his close relationship with Israel. This friendship was needed to secure more than $2bn of American aid annually, money on which many analysts believe Mubarak's regime depended on.[81]

Israeli arguments

In September 2007, citing an intensification of Qassam rocket attacks, Israel prevented the transfer of electricity, fuel, and other supplies into Gaza. Israel stated that the purpose of the blockade was to pressure Hamas into ending the rocket attacks and to deprive them of the supplies necessary for the continuation of rocket attacks.[140][141][142][143] Israel argues that it is not legally responsible for Gaza beyond whatever is necessary to avoid a humanitarian crisis.[37]

A US Congressional Research Service report claimed 'While there are differing views in Israel concerning the Gaza blockade [...] most Israelis equate security with survival and peace. Israel’s leaders appear to believe that the blockade of the Gaza Strip [among other security and deterrence measures], have brought about a quiet ... As of the date of the Gaza flotilla incident, no Israeli had been killed in a terrorist or in a cross-border rocket attack in more than a year. Therefore, the Israeli government is reluctant to abandon the blockade tactic worked ... from its perspective.'[144]

Israeli Prime Minister Benjamin Netanyahu maintained that the blockade is necessary to prevent weapons from reaching Gaza. He said, “(I)t’s our obligation—as well as our right in accordance to international law and to common sense—to prevent these weapons from entering by air, sea, and land.” Referring to the Gaza flotilla, he added, “Had the blockade been breached, this flotilla would have been followed by dozens, by hundreds of ships. The amount of weapons that can be transported aboard a ship is totally different from what we saw get through the tunnels.”. He argued that the consequences of Israel’s failure to maintain the blockade would be “an Iranian port in Gaza, only a few dozen kilometers from Tel Aviv and Jerusalem.”[144]

An Israeli government document stated,

A country has the right to decide that it chooses not to engage in economic relations or to give economic assistance to the other party to the conflict, or that it wishes to operate using 'economic warfare'.[129]

An Israeli government spokesman added in 2010 that the blockade is intended to bring about a political goal and that Israel "could not lift the embargo altogether as long as Hamas remains in control" of Gaza.[129]

Speaking in 2006, Dov Weisglass, an advisor to Israeli Prime Minister Ehud Olmert, allegedly said that, "The idea is to put the Palestinians on a diet, but not to make them die of hunger."[145] Although this quote is widely reported, the original quote appears to have been: "It's like an appointment with a dietician. The Palestinians will get a lot thinner, but won't die."[146] Weisglass has denied this report.[147]

According to US diplomatic cables obtained by the Wikileaks organization, diplomats stationed in the US embassy in Tel Aviv were briefed by Israelis on the blockade of the Gaza Strip. One of the cables states that "as part of their overall embargo plan against Gaza, Israeli officials have confirmed (...) on multiple occasions that they intend to keep the Gazan economy on the brink of collapse without quite pushing it over the edge".[148]

Legal arguments

According to Princeton University professor emeritus of international law Richard Falk, there exists an "overwhelming consensus" view among qualified international law specialists that both the blockade and its enforcement are illegal.[21]

In September 2011, a UN investigative committee concluded in the Palmer Report that the blockade is legal.[18][19][20]

The findings of the Palmer report on the legality of the blockade were disputed by a panel of five UN human rights experts, who said that the blockade amounted to a "flagrant contravention of international human rights and humanitarian law".[149] The panel said the Palmer report failed to recognize that the naval blockade was part of Israel's closure policy toward Gaza, which disproportionately affects civilians. Richard Falk said the authors of the Palmer report were poorly qualified to assess legal aspects of the blockade,[21] and that they were politically motivated to find the naval blockade legal.[149]

Since 2005 Israel asserts that it ended its occupation of Gaza when it disengaged from the coastal strip in 2005.[150][151] After Israel's unilateral disengagement plan from the Gaza strip, Israel no longer has troops stationed within Gaza. Israel has retained control over Gaza's airspace and coastline, and over its own border with the territory. Egypt has control of its border with Gaza. Israel and Egypt also control the flow of goods in and out. Israel controls fuel imports to Gaza, and also controls the majority of electricity used in Gaza (approximately 60%), which it supplies from the Israeli electrical grid.[37][152] There have been a series of attacks by Israeli ground forces such as the 2008–2009 Israel–Gaza conflict, as well as rocket attacks on Israeli civilians and cross-border attacks by Gazan militant groups against Israeli troops.

Human Rights Watch argues that Israel is still an occupying power and is responsible for Gaza under the 1949 Fourth Geneva Convention, which seeks to protect the civilian population.[37]

BBC's World Affairs correspondent Paul Reynolds said that if Gaza is treated as a "hostile entity" the question is whether the measures used by Israel and Egypt sufficiently distinguish between civilian and military. The 1977 amendment to the Geneva Conventions protocols prohibits the use of collective measures that do not distinguish between civilians and military.[37] The amendment protects civilian populations in time of conflicts that fall short of war. Israel has not signed these protocols but there is an expectation internationally that it should respect them.[37] Hamas does not administer an internationally recognized state and also has not signed these protocols. Amnesty International said that “The blockade constitutes collective punishment under international law and must be lifted immediately.” And that as the occupying power, Israel has a duty under international law to ensure the welfare of Gaza’s inhabitants, including their rights to health, education, food and adequate housing.[153]

Justus Weiner and Avi Bell of the JCPA said that Israel’s combat actions and blockade cannot be considered collective punishment. They cite Article 75(4)(b) of Protocol I Additional to the Geneva Conventions of 12 August 1949, which says the bar on collective punishment forbids the imposition of criminal-type penalties on individuals or groups on the basis of another’s guilt, or the commission of acts that would otherwise violate the rules of distinction and/or proportionality.[154] According to Weiner and Bell, the blockade does not "involve the imposition of criminal-type penalties or the violation of the rules of distinction and proportionality."[155]

International positions

United Nations

On 24 January 2008, the United Nations Human Rights Council released a statement calling for Israel to lift its siege on the Gaza Strip, allow the continued supply of food, fuel, and medicine, and reopen border crossings.[156] According to the Jerusalem Post, this was the 15th time in less than two years the council condemned Israel for its human rights record regarding the Palestinian territories.[157] The proceedings were boycotted by Israel and the United States. Prior to this, U.N. Undersecretary-General for Humanitarian Affairs, John Holmes, described the blockade as "collective punishment", saying, "We all understand the security problems and the need to respond to that but collective punishment of the people of Gaza is not, we believe, the appropriate way to do that."[158]

On 15 December 2008, following a statement in which he described the embargo on Gaza a crime against humanity, United Nations Special Rapporteur Richard A. Falk was prevented from entering the Palestinian territories by Israeli authorities and expelled from the region.[159] The Israeli Ambassador to the United Nations Itzhak Levanon[160] said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst."[161]

In August 2009, U.N. human rights chief Navi Pillay criticised Israel for the blockade in a 34-page report, calling it a violation of the rules of war.[162]

In March 2010, United Nations Secretary-General Ban Ki-Moon stated that the blockade of Gaza is causing "unacceptable suffering" and that families were living in "unacceptable, unsustainable conditions".[163]

A UN Fact Finding mission in September 2009 led by South African Judge Richard Goldstone (the Goldstone report) concluded that the blockade was possibly a crime against humanity, and recommended that the matter be referred to the International Criminal Court if the situation has not improved in six months.

In May 2010, the UN Office for the Coordination of Humanitarian Affairs stated that the formal economy in Gaza has collapsed since the imposition of the blockade.[164] They also stated that the "restrictions imposed on the civilian population by the continuing blockade of the Gaza Strip amount to collective punishment, a violation of international humanitarian law."[165]

In June 2010, United Nations envoy to the Middle East and former UK Prime Minister Tony Blair stated that "The policy of Gaza is counter-productive and what [Israel] should be doing is allow material in to rebuild homes and sanitation and power and water systems and allow business to flourish. Nor do we in fact do damage to the position of Hamas by harming people in Gaza. People are harmed when the quality of service is poor and people cannot work." He also called for Hamas to stop the "terrorism coming out of Gaza".[166] In the same month, Robert Serry, the UN special envoy for Middle East peace process, also said that "The flotilla crisis is the latest symptom of a failed policy. The situation in Gaza is unsustainable and the current policy is unacceptable and counter-productive, and requires a different, more positive strategy. The closure and blockade of the Gaza Strip needs to come to an end. There is now a welcome international consensus on Gaza."[167]

In the September 2011 Palmer Report, the UN investigative committee for the 2010 Flotilla to Gaza said that the Israel's naval blockade of Gaza is legal under international law, but that "the Panel cannot make definitive findings either of fact or law. But it can give its view." [18][19]

European Union

EU Commissioner for Humanitarian Aid Kristalina Georgieva, said that she believes that the "humanitarian crisis...was artificially created because of the [Israeli] blockade," but added that the idea of a flotilla is not the correct action to take: "We are not in favor of attempts to help people in this way."[168]

Countries

Turkey

Turkish Prime Minister Recep Tayyip Erdoğan made harsh comments against the blockade, especially following the Gaza flotilla raid. Erdoğan raised the possibility of trying to forcibly breach the blockade by sending the Turkish Navy to escort any future flotilla or by trying to visit Gaza himself. The Turkish government made it clear that it opposes the blockade and regards it as illegal, and before the flotilla raid, issued a demand for safe passage. However, Turkish Foreign Minister Ahmet Davutoğlu said that Turkey was willing to normalize relations with Israel if it lifted the blockade.[169] Following Israel's easing of the blockade, the Turkish Foreign Ministry called it "a positive but insufficient step", and said that "Turkey considers that Israel's inhuman blockade of Gaza represents a threat to regional peace and stability and considers that the blockade must be entirely lifted.[170]

Ireland

After visiting Gaza in March 2010, Irish foreign minister Micheál Martin described the Israeli blockade of Palestinian-ruled Gaza as "inhumane and unacceptable" and called on the European Union and other countries to increase pressure on Israel to lift the blockade. Michael Martin was the first EU foreign minister to enter Gaza in over a year. He said that all that is being achieved through the blockade is to "enrich Hamas and marginalize even further the voices of moderation."[171]

United Kingdom

David Cameron, the UK Prime Minister, during Prime Minister's Questions, stated that "Friends of Israel – and I count myself a friend of Israel – should be saying to the Israelis that the blockade actually strengthens Hamas's grip on the economy and on Gaza, and it's in their own interests to lift it and allow these vital supplies to get through. ... We should do everything we can through the UN, where resolution 1860 is absolutely clear about the need to end the blockade and to open up Gaza."[172] In July 2010, Cameron called on Israel to relax the blockade. He said "Humanitarian goods and people must flow in both directions. Gaza cannot and must not be allowed to remain a prison camp."[173][174] In response, Ephraim Sneh, former Israeli minister, said: "Cameron is right – Gaza is a prison camp, but those who control the prison are Hamas. I'm totally against the double standards of a nation which fights the Taliban but is showing its solidarity with their brothers, Hamas.[173]

Nick Clegg, the Deputy Prime Minister of the United Kingdom speaking after the Gaza flotilla raid, criticized the blockade saying “So the events of the last 24/48 hours confirm in my mind, as they do if you hear what William Hague and David Cameron have done and everyone in Government, the view that the blockade on Gaza is neither sustainable nor tenable in its present form.”[175] He also commented that "If we needed any confirmation about the unjustified and untenable blockade of Gaza, we have been reminded overnight of the need to lift this blockade. What is going on in Gaza is a humanitarian catastrophe. While of course Israel has every right to defend itself and its citizens from attack, we must now move towards lifting the blockade from Gaza as soon as possible."[176]

William Hague, the Foreign Secretary, said in a prepared speech to the House of Commons that the blockade of Gaza was "unacceptable and unsustainable", and that it was "the view of the British government, including the previous government, that restrictions on Gaza should be lifted – a view confirmed in United Nations security council resolution 1860 which called for sustained delivery of humanitarian aid and which called on states to alleviate the humanitarian and economic situation", and that "current Israeli restrictions are counterproductive for Israel's long term security".[177]

Acting Labour Leader Harriet Harman also stated that "This blockade must end."[172]

United States

Although the United States officially supports the blockade,[178] Secretary of State Hillary Clinton met Israeli Minister of Defence Ehud Barak in February 2010 and urged him to ease the blockade. The United States has long been pressing Israel to ease the restrictions on Gaza.[179] Speaking about the Gaza flotilla raid, which occurred on 31 May 2010, Clinton stated that "The situation in Gaza is unsustainable and unacceptable."[180] In regards to the impending second Gaza flotilla, Clinton has stated that, "the Gaza flotilla is not necessary or useful."[181]

Groups and individuals

On 7 March 2008, several international aid groups, including Amnesty International, CARE International UK, and Oxfam, issued a report saying that the humanitarian situation in the Gaza Strip was more acute than at any time since the beginning of the Israeli occupation in 1967. While critical of Palestinian militants firing rockets from Gaza into Israel, and acknowledging that "Israel has the right and obligation to protect its citizens", they said that as the "occupying power in Gaza" it also has a legal duty to ensure Gaza civilians have access to food, clean water, electricity and medical care. They urged Israel to lift the blockade, characterizing it as collective punishment against the 1.5 million residents of the territory.[182]

According to the International Committee of the Red Cross, "The hardship faced by Gaza's 1.5 million people cannot be addressed by providing humanitarian aid. The only sustainable solution is to lift the closure." Describing the blockade itself, they referred to it as "a collective punishment imposed in clear violation of Israel's obligations under international humanitarian law".[127]

The Islamic Action Front (IAF), a Jordanian Islamist group, criticized Egypt for the blockade and accused it of "collaborating" with Israel and the United States. "The Egyptian authorities are ...increasing the suffering of the Palestinians in Gaza by building the steel wall and closing the border crossings with Gaza," said Hamzah Mansour, a member of the Shura Council of the IAF.[183]

Notable individuals have also taken positions on the blockade:

  • Jimmy Carter – In June 2009, former President Jimmy Carter met with Hamas leaders in Gaza for three hours. Before his meeting with former Palestinian Prime Minister Ismail Haniyeh and other Hamas officials, President Carter spoke forcefully against the economic blockade of Gaza. "The responsibility for this terrible human rights crime lies in Jerusalem, Cairo, Washington, and throughout the international community. This abuse must cease; the crimes must be investigated; the walls must be brought down, and the basic right of freedom must come to you," Carter tells the crowd at an awards ceremony for UN refugee school pupils.[184]
  • Pope Benedict XVI – The Pope Benedict during his visit to Bethlehem in May 2009 specifically mentioned the plight of Gazans, saying: "Please be assured of my solidarity with you in the immense work of rebuilding which now lies ahead and my prayers that the embargo will soon be lifted."[60]

See also

References

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  2. ^ "After 4 years, Egypt reopens its border with Gaza". CBS. 29 May 2011. Retrieved 14 July 2011. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help) [dead link]
  3. ^ a b c Black, Ian; Tran, Mark (15 June 2007). "Hamas takes control of Gaza". Guardian. London. Retrieved 3 June 2010.
  4. ^ Abrahams, Fred; Human Rights Watch (2008). Internal fight: Palestinian abuses in Gaza and the West Bank. Human Rights Watch. pp. 14–15.
  5. ^ a b c Dion Nissenbaum. "Olmert aide supports free Gaza". McClatchy Newspapers. 8 December 2008.
  6. ^ a b "The Associated Press". The Associated Press.
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  13. ^ a b c d e Egypt eases blockade at Gaza's Rafah border BBC Retrieved 28 May 2011
  14. ^ "Six months on, Egypt's revolt disappoints Gazans". Reuters. 26 July 2011. Retrieved 4 September 2011.
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  17. ^ Palmer, Geoffrey. "Report of the Secretary-General's Panel of Inquiry on the 31 May 2010 Flotilla Incident" (PDF). UN. Retrieved 12 October 2011.
  18. ^ a b c MacFarquhar, Neil; Bronner, Ethan (2 September 2011). "Report Finds Naval Blockade by Israel Legal but Faults Raid". The New York Times.
  19. ^ a b c "UN Palmer Report" (PDF).
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  21. ^ a b c Deep flaws in the UN's Mavi Marmara report (Al Jazeera, 9 September 2011)
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