Date: 23 January 2008
Palestinian Centre for Human Rights and Al-Dameer Association for Human Rights Call Upon Israel, Egypt and the International Community to Resolve the Crisis at the Rafah Border Crossing
At approximately 02:00 on Wednesday January 23rd, a group of Palestinians detonated explosives in order to destroy sections the wall lying between the southern Gaza Strip Rafah border with Egypt. Several hours later, thousands of Palestinians poured over the border into Egypt. In addition, Palestinians who have been stranded inside Egypt crossed the border in order to enter the Gaza Strip.
As human rights organisations committed to the protection and promotion of human rights and international humanitarian law, PCHR and Al-Dameer believe the destruction of sections of the border between Rafah and Egypt is an inevitable consequence of Israel’s systematic closure and siege of the entire Gaza Strip. Rafah International Crossing Point has been closed since June 10th, 2007, except for occasional crossings that have been permitted and coordinated by the Israeli Occupying Force (IOF). In addition, Erez Crossing, between the Gaza Strip and Israel, has been continuously closed to Palestinians for almost eighteen months. All other crossings between the Gaza Strip and Israel are under the effective control of the IOF. This current closure represents the most severe closure to have been imposed on the citizens of the Gaza Strip since 1967.
PCHR and Al-Dameer are extremely concerned about the current chaos at the Rafah border, and believes an organised and just solution that guarantees freedom of movement for all Palestinians in the Gaza Strip must be agreed immediately. Therefore it is vital that Israel clarify its position regarding the Rafah border. In August, 2005, IOF claimed to have unilaterally disengaged from the Gaza Strip. However, under the Israeli-Palestinian, US brokered Border Agreement of November 2005, IOF have maintained effective control over Rafah International Crossing Point, as well as over the movement of all persons and goods between the Gaza Strip and the West Bank, despite the fact that IOF have no physical presence in the Gaza Strip.
PCHR and Al-Dameer reiterate that Israel must immediately either withdraw from the Gaza Strip completely, thus handing over control of the Rafah border to Palestinian and Egyptian officials: or else Israel must acknowledge its continuing occupation of the Gaza Strip, and, as an Occupying Power, act upon its legal obligation to establish an orderly and transparent mechanism, mediated by an independent third party, that will guarantee freedom of movement for the people of the Gaza Strip.
PCHR and Al-Dameer also appeal to Egypt to assist in resolving the current crisis. PCHR and Al-Dameer refer to the historic role Egypt has played regarding Palestine, and its long term relationship with the Palestinian people, as well as its legal and moral obligations under international humanitarian law. As a signatory to the Fourth Geneva Convention, Egypt has a responsibility to ensure the protection of Palestinian civilians, and to take measures in order to protect the lives of Palestinian civilians.
In addition, PCHR and Al-Dameer appeal to all international community High Contracting Parties to the Fourth Geneva Convention to honour their moral and legal responsibilities, in order to ensure that Palestinian civilians do not continue to be subjected to mass collective punishment by the IOF, and are guaranteed freedom of movement afforded them under international human rights law.
