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
was brokered by the Egyptian government. Following this agreement the
Israeli-imposed fishing limit was expanded from 3 to 6 nautical miles. There
have been conflicting messages about the parameters of the “buffer zone” on
land, which has resulted in an increase of risk for the safety of civilians and
their property in the border areas.
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 · 25 February 2013: 100 metres · 11 March 2013: 300 metres
In reality, attacks against civilians take place
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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
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
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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.
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Attacks
January 2013
Attacks |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
Shelling |
1 |
1 |
0 |
Shooting |
37 |
24 |
13 |
Incursions |
3 |
3 |
0* |
Land levelling |
0 |
0 |
0 |
Total incidents |
41 |
28 |
13 |
* 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
January 2013
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
Death of persons |
2 |
2 |
0 |
Minors |
0 |
0 |
0 |
Women |
0 |
0 |
0 |
Injury of persons |
11 |
11 |
0 |
Minors |
4 |
4 |
0 |
Women |
0 |
0 |
0 |
b. Property related violations
January 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
January 2013
Consequences |
Total |
“Buffer zone” on land |
“Buffer zone” at sea |
Detention incidents |
6 |
5 |
1 |
Total persons detained |
12 |
9 |
3 |
Minors detained |
5 |
5 |
0 |
Women detained |
0 |
0 |
0 |