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.
Nonetheless, the COGAT Monthly Report for November 2012 still states:
“Following operation “Pillar of Defense” (November 14-21), a
ceasefire was agreed upon; as a part of it and [sic] the fishing area in Gaza
was increased from 3 miles to 6.” Regarding access to land, in correspondence with
Gisha, on 11 March 2013, an Israeli spokesperson declared that “the residents
of Gaza are required not to approach within 300m of the security fence”. These
conflicting messages about the parameters of the “buffer zone”, particularly on
land, have resulted in an increase of risk for the safety of civilians and
their property in the border areas.
Dimensions
|
On land,
Distance from
· Second Intifada (2000): 150 metres · According to Israel (2010) : 300 metres · 22 November 2012: unclear parameters · 25 February 2013: 100 metres · 11 March 2013: 300 metres
In reality,
|
At sea,
Distance from
· 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
In
· 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
April 2013
|
Attacks |
Total |
“Buffer zone” |
“Buffer |
|
Shelling |
2 |
1 |
1 |
|
Shooting |
31 |
14 |
17 |
|
Incursions |
7 |
7 |
0* |
|
Land levelling |
1 |
1 |
0 |
|
Detention incidents |
3 |
3 |
0 |
|
Total incidents |
45 |
27 |
18 |
* These numbers do
not represent all the incursions into Palestinian waters by Israeli naval
forces, only the reported incidents. More often, the reported incidents involve
shooting, injury and/or killing.
Consequences of attacks
a. Deaths and injuries
April 2013
|
Consequences |
Total |
“Buffer |
“Buffer |
|
Death of persons |
0 |
0 |
0 |
|
Minors |
0 |
0 |
0 |
|
Women |
0 |
0 |
0 |
|
Injury of persons |
3 |
3 |
0 |
|
Minors |
2 |
2 |
0 |
|
Women |
0 |
0 |
0 |
b. Property related violations
April 2013
|
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Property damaged |
1 |
1 |
0 |
|
Property confiscated |
0 |
0 |
2 |
|
Dunums razed |
0 |
0 |
0 |
c. Detention
April 2013
|
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
|
Detention incidents |
4 |
4 |
0 |
|
Total persons detained |
7 |
7 |
0 |
|
Minors detained |
3 |
3 |
0 |
|
Women detained |
0 |
0 |
0 |
