Ref: 57/2010

On Sunday, 4 July 2010 the Israeli
Ministry of Foreign Affairs published two
lists, detailing items not permitted to enter the Gaza Strip and those used
for construction, which may only be imported and utilized under the supervision
of the United Nations.

The response from the international
community and diplomatic representatives, including the Quartet’s Envoy to the
Middle East, Tony Blair, to the Israeli decision has been overwhelmingly
positive. The Israeli government’s switch from a list detailing only the items
that are allowed for import to the
Gaza Strip to a list of items that are not
permitted has been perceived as a positive step, the assumption being that all
items not on the list will be allowed to enter Gaza. In this context, the
Palestinian Centre for Human Rights (PCHR) wishes to reaffirm its position on
the illegal Israeli-imposed blockade of the Gaza Strip.

Israel has subjected
the occupied Palestinian territory, including the Gaza Strip, to strict
closures for more than two decades. Israel has continuously tightened the
closure on the Gaza Strip following the Hamas takeover of the Strip in June
2007. For more than three years now Israel has applied the most extreme form of
closure to the Gaza Strip, declaring its territory to be a “hostile entity”,
effectively cutting off the 1.5 million inhabitants of Gaza from the outside
world. Palestinian civilians are deliberately and systematically denied access
to the most basic needs, such as food, medicine, electricity and other
necessary commodities. Palestinians are not allowed to leave Gaza, and only a
miniscule number of foreigners is permitted to visit Gaza. Goods are not
allowed to be exported, and imports have been reduced to a very limited number
of items, entirely incapable of fulfilling the population’s needs. Palestinian
civilians in Gaza are deliberately deprived of their fundamental human rights,
such as the freedom of movement and the right to health, education, and access
to work.

The recent decision to
“ease” the closure by permitting more commercial and humanitarian
goods to enter the Gaza Strip — a decision which was only taken in response to
increased international pressure — does not in any way alter the basic
situation. Palestinians in Gaza are denied numerous fundamental human rights,
including the right to life, the right to the highest attainable standard of
health, the right to freedom of movement of persons and goods, the right to
adequate shelter. At the most basic level, the closure continues to violate the
right of the people of Gaza to live in human dignity.

The recently published lists, which
have been effectively sanctioned by the international community through
statements welcoming the Israeli decision, represent and institutionalization
of the siege of Gaza, which is a form of collective punishment, a policy
illegal under international law, as recently
reaffirmed by the ICRC. PCHR is gravely concerned that Israeli policy concerning
Gaza is simply shifting to another form of illegal blockade, one that may
become internationally accepted and institutionalized, as Palestinians in Gaza
may no longer suffer from the same shortage of goods, but will remain
economically dependent and unable to care for their own population as well as
socially, culturally and academically isolated from the rest of the world.

Recommendations

PCHR calls for an immediate end to
the illegal closure imposed on the Gaza Strip, by way of opening unconditionally
all border crossings of the Gaza Strip, to ensure the freedom of movement of
all Palestinians. This opening must also apply to the import of goods necessary
for restarting the economy and the export of goods. In order to achieve this,
the International Community must act decisively to ensure the full lifting of
the illegal closure. As High Contracting Parties to the Four Geneva Conventions
of 1949, individual States are under an obligation to ‘ensure respect’ for the
Geneva Conventions ‘in all circumstances’. The closure policy itself is
illegal: any proposal must be based solely on the requirements of international
law.

The root cause of Israel’s illegal
closure is the impunity that it has been granted by the International
Community. Israel cannot continue to be allowed to act as a state above the
law. All those responsible for the commission of international crimes must be
held accountable. In this regard it is essential that the recommendations
contained in the Report of the UN Fact Finding Mission on the Gaza Conflict
(the Goldstone Report) are implemented; they offer a concrete procedure through
which the rule of law can be restored.

Please find PCHR’s Position Paper on
the Easing of the Closure here.