Following disengagement from the Gaza Strip in
September 2005, Israel unilaterally and illegally established a so-called
“buffer zone”, an area prohibited to Palestinians along the land and sea
borders of the Gaza Strip. The precise area designated by Israel as a “buffer
zone” is not clear and this Israeli policy is typically enforced with live
fire. The establishment of the ‘buffer zone’ is illegal under both Israeli and
international law.
Preventing Palestinians from accessing their lands and
fishing areas violates numerous provisions of international human rights law,
including the right to work, the right to an adequate standard of living, and
the right to the highest attainable standard of health. Enforcing the “buffer
zone” through the use of live fire often results in, inter alia, the direct targeting of civilians and/or indiscriminate
attacks, both of which constitute war crimes.
Following the Israeli offensive on the Gaza Strip in
November 2012, a
ceasefire agreement between Israel and Palestinian armed groups was brokered by
the Egyptian government, which included terms related to access to land and sea.
In an online statement on 25 February 2013, the
Israeli Coordinator of Government Activities in the Territories (COGAT)
declared that fishermen could now access the sea up to six nautical miles
offshore, and that farmers could now access lands in the border area up to 100m
from the border fence. However, both references have since been removed from
the statement. Then, on 21 March 2013, the Israeli forces’ spokesperson
announced re-reducing the fishing area allowed for Palestinian fishermen from 6
nautical miles to 3 nautical miles. However,
on 21 May 2013, Israeli authorities decided to allow fishermen to sail up to 6
nautical miles.
Dimensions
|
On land, inside Palestinian territory
Distance from the border fence, up to which access is permitted:
· Second Intifada (2000): 150 metres · According to Israel (2010) : 300 metres · 22 November 2012: unclear parameters · 21 March 2013: 300 metres
In reality, attacks against civilians take place
|
At sea, off the coast of the Gaza Strip
Distance from the shore, up to which access is permitted:
· Oslo Accords (1994): 20 nautical miles (nm) · Bertini Commitment (2002): 12 nm · October 2006: 6 nm · End of 2007 : 3 nm · 22 November 2012: 6 nm · 25 February 2013: unclear parameters · 12 March 2013: 3 nm · 21 May 2013: 6 nm
In addition, access is consistently denied in the
· 1.5 nm in the north along the maritime boundary · 1 nm in the south along the maritime boundary |
Impact
|
On land
· Approximately 27,000 dunums, 35% of the Gaza · 95% of the restricted area is arable land. · After the evacuation of settlements (2005) and ‘Operation |
At sea
· Palestinians are completely prevented from accessing · Approximately 3,700 fishermen work under high · Approximately 8,200 persons work in the fishing · Approximately 65,000 persons, including · The area near the coast is markedly over-fished.
|
Attacks
August 2013
|
Attacks |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Shelling |
0 |
0 |
0 |
|
Shooting |
8 |
4 |
4 |
|
Incursions |
1 |
1 |
0 |
|
Land levelling |
0 |
0 |
0 |
|
Detention incidents |
1 |
0 |
1 |
|
Total incidents |
10 |
5 |
5 |
Consequences of attacks
a. Deaths and injuries
August 2013
|
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Death of persons |
1 |
1 |
0 |
|
Minors |
0 |
0 |
0 |
|
Women |
0 |
0 |
0 |
|
Injury of persons |
7 |
4 |
3 |
|
Minors |
0 |
2 |
0 |
|
Women |
0 |
0 |
0 |
b. Property related violations
August 2013
|
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Property damaged |
1 |
0 |
1 |
|
Property confiscated |
1 |
0 |
1 |
|
Dunums razed |
0 |
0 |
0 |
c. Detention
August 2013
|
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Detention incidents |
0 |
0 |
1 |
|
Total persons detained |
0 |
0 |
3 |
|
Minors detained |
0 |
0 |
0 |
|
Women detained |
0 |
0 |
0 |
