Summary

 

During the 46-day reporting period, both the border
crossings of the Gaza Strip used for civilian movement and those used for
commercial transactions have generally remained closed. The Israeli occupation forces (IOF) have
continued to impose a regime of tightened closure and economic siege on
approximately 1.5 million civilians suffering from poverty, unemployment and
abysmal living conditions caused by the latest Israeli offensive on the Gaza
Strip. 

 

The following are the most significant developments
impacting the lives of Gaza’s civilian population during the reporting period:

 

· IOF took additional measures to tighten the siege imposed on
the Gaza Strip by turning Karm Abu Salem (Kerem Shalom) crossing into the main
crossing between Israel and the Gaza Strip. 

· For this purpose, IOF closed Nahal Oz crossing, which was
used to deliver fuel supplies into the Gaza Strip, at the beginning of this
year. Imports that used to be delivered
through Nahal Oz were rerouted to Karm Abu Salem. 

· Concurrently, Sofa crossing has been completely closed for
approximately one year. Humanitarian aid
and food items that were imported via Sofa crossing in the past were
transferred to Karm Abu Salem crossing. In accordance with the severe restrictions on importing items via
al-Mental (Karni) crossing, which is the biggest and best-equipped commercial
crossing point, al-Mentar crossing operated only for the delivery of wheat and
animal fodders via conveyor belt. 

· Turning Karm Abu Salem crossing, which is not equipped for
commercial purposes and has limited capacity, into the principal crossing of
the Gaza Strip has increased the suffering of the civilian population. Before the imposition of the total blockade
on the Gaza Strip, 450 truckloads were allowed into the Gaza Strip per day,
while during the reporting period, a maximum of 70 truckloads were allowed into
the Gaza Strip.

· IOF have continued to prohibit the delivery of construction
materials, including cement, iron bars and aggregate, which are needed to
reconstruct and repair houses and civilian institutions that were destroyed
during the latest Israeli offensive on the Gaza Strip, although over one has
year passed since the end of the offensive.

· During the reporting period, IOF continued to impose a ban
on the export of products from
Gaza. Only limited quantities of flowers
and strawberries were allowed to be exported. IOF allowed the delivery of limited quantities of foodstuffs, cleaning
items, and some necessary medical, educational and agricultural supplies.

· The reporting period witnessed further restrictions on Gaza
Strips’ border crossings used for the movement of civilians:

 

 

 

– Rafah International Crossing Point remained closed. During the reporting period, it remained
closed for 42 days. It was exceptionally and partially opened for only 4 days
to allow 3,400 civilians, including patients, students enrolled at
international universities and holders of foreign residency permits or
passports, to leave the Gaza Strip. The
Egyptian authorities did not allow 420 other civilians to enter to Egypt. In addition, 800 civilians who had been
stranded in Egypt were allowed to return to Gaza via the crossing point. Further, a number of foreign delegations,
consisting mostly of solidarity activists, were allowed to enter to and leave
Gaza via Rafah International Crossing Point. 

– Beit Hanoun (Erez) crossing was closed during the reporting
period for Palestinian civilians wishing to travel to the West Bank and/or
Israel. Only a limited number of
Palestinian civilians were allowed to cross via Beit Hanoun crossing, once they
has completed very complicated procedures to obtain permission. 

– IOF closed Beit Hanoun crossing for 7 days for Gazan patients
who wished to travel to the West Bank and/or Israel for medical treatment. The reporting period marked a sharp decline
in the number of Gazan patients who were allowed to travel via Beit Hanoun
crossing: only 1,200 patients (an average of 26 patients daily) were allowed to
travel via the crossing. This marks a
decline by 52% in comparison to 2006. 

– Approximately 900 Palestinian prisoners from Gaza who are
detained in jails inside Israel have continued to be denied visitation for more
than two years and a half.

 

· The majority of Gaza’s commercial border crossings remained
closed throughout most of the reporting period:

 

– Al-Mentar crossing was completely closed for 35 days. It was partially opened for limited hours on
11 days. 

– Karm Abu Salem crossing was completely closed for 14
days. It was partially opened for 32
days to allow the delivery of limited quantities of humanitarian aid, basic
goods and fuel supplies. 

– Sofa crossing, which is used for the delivery of
construction materials, remained completely closed throughout the 46-day
reporting period.

 

The following is a review of the most significant
developments relevant to Gaza’s border crossings during the reporting period:

 

· Rafah International Crossing Point

 

During the reporting period, Rafah International
Crossing Point was completely closed for 42 days (91% of the time), while it
was partially opened for 4 days (9%). Since 12 June 2007, the crossing point has been completely closed on 906
days. During the partial opening of
Rafah crossing, a number of patients and their escorts were allowed to travel
abroad for treatment or return to Gaza after receiving required treatment. In addition, a number of political leaders
were allowed to travel to Egypt via the crossing to attend meetings, and a
number of international solidarity delegations and members of humanitarian
organizations were allowed to enter to and exit Gaza.

 

 

 

1. Entry and Departure of International Delegations

 

During the reporting period, the Egyptian authorities
permitted approximately 540 solidarity activists and employees of international
humanitarian organizations to enter Gaza via Rafah International Crossing Point
in order to provide humanitarian aid. Approximately 620 persons, most of them international solidarity activists,
staff of international organizations, doctors and journalists who had been in
Gaza were allowed to leave Gaza via the crossing point. 

 

2. Transfer of Dead Palestinians from Egypt to Gaza

 

The majority of Palestinian patients who were allowed
to enter to Egypt for medical treatment in Egyptian hospitals were suffering
from incurable diseases or serious medical conditions. During the reporting period, 6 Palestinian
patients died in Egyptian hospitals in spite of the medical care that was
provided. The Egyptian authorities made
the necessary arrangements to transfer the deceased back to Gaza via Rafah
International Crossing Point.

 

3. Patients Receiving Medical Treatment Abroad

 

During the reporting period, the Egyptian authorities
allowed approximately 175 Gazan patients suffering from serious and chronic
diseases to enter Egypt to receive or continue medical treatment in Egyptian
hospitals during the time the crossing was officially closed. One escort was allowed to accompany each
patient. Concurrently, Israel has
continued to reduce the number of patients from Gaza who are allowed to access
hospitals in the West Bank, Jerusalem and Israel via Beit Hanoun crossing. Gaza’s hospitals were overcrowded and
suffered from severe shortages of mediations and medical supplies. During the
reporting period, the Egyptian authorities also allowed approximately 870
patients and wounded persons who has completed treatment in Egyptian hospitals
to return to Gaza in groups during the days of closure or during the partial
opening of the crossing. 

 

4. Exceptional Opening of Rafah International Crossing
Point for Four Days

 

– On 3 January 2010, 1,074 Gazan civilians – patients,
students enrolled at universities abroad and holders of foreign residency
permits and passports – were allowed to leave Gaza via Rafah International
Crossing Point. That day, the Egyptian authorities returned 134 civilians to
Gaza who did not meet the requirements to enter Egypt.

– On 4 January 2010, 834 civilians – patients, students
enrolled at universities abroad and holders of foreign residency permits and
passports – were allowed to leave Gaza via the crossing point. An additional 217 civilians, some of whom had
been stranded on the Egyptian side and some of whom were patients and their
escorts, were allowed to return to Gaza.

– On 5 January 2010, 616 Gazan civilians – patients, students
enrolled at universities abroad and holders of foreign residency permits and
passports – were allowed to leave Gaza via the crossing point. That day, the
Egyptian authorities returned 292 civilians to Gaza who did not meet the
requirements to enter Egypt. In
addition, 132 civilians stranded on the Egyptian side as well as patients and
their escorts were allowed to return to Gaza.

 

 

 

– On 5 January 2010, 911 Gazan civilians – patients, students
enrolled at universities abroad and holders of foreign residency permits and
passports – were allowed to leave Gaza via the crossing point. On the same day, 564 persons, including 482
members of the Lifeline Convoy III, 82 Palestinian civilians stranded on the
Egyptian side as well as patients and their escorts, were allowed to enter to
Gaza. The Egyptian authorities allowed
130 truckloads of humanitarian aid into Gaza with the Lifeline Convoy III. 

 

·    Beit Hanoun (Erez) Crossing

 

IOF continued to impose severe restrictions on the
movement of patients, journalists, employees of international humanitarian
organizations and Palestinians wishing to travel via al-Karama International
Crossing Point (Allenby Bridge) on the border with Jordan. During the reporting period, IOF completely
closed Beit Hanoun crossing for 7 days. Israel also significantly reduced the number of Gazan patients who were
permitted to cross Beit Hanoun crossing during the reporting period. 

 

The most significant developments relevant to
movement through Beit Hanoun crossing were as follows:

 

– IOF completely closed the crossing for the movement of
Palestinian civilians from Gaza throughout the 46-day reporting period. In addition, the crossing was completely closed
for 7 days for members of diplomatic missions, employees of international
humanitarian organizations, those wishing to travel via Allenby Bridge and
Gazan patients who suffer from serious diseases.

– IOF completely closed the crossing for individuals involved
in business and trade for 16 days. The
crossing was opened for 30 days to allow approximately 100 businesspeople, an
average of 4 daily, to travel via the crossing. This is a sharp decline in comparison with the number of businesspeople
who were allowed to travel via the crossing 6 months ago, when a daily average
of 10 businesspeople was permitted to pass through the crossing. 

– Patients’ Conditions: IOF completely closed the crossing for
7 days for the movement of Gazan patients who had medical referrals to
hospitals in Israel and/or in the West Bank. During the partial opening of the crossing, IOF allowed only
approximately 1,200 patients to travel via the crossing. This marks a reduction in the daily average
number of patients allowed to travel via the crossing to 26 per day. This reduction represents a decrease by 52%
compared to 2006. 

 

– Journalists and Employees of International Humanitarian
Organizations

 

During the reporting period, IOF did not permit the
entry of journalists and media representatives and members of international
humanitarian organizations for 9 days. During the opening days, IOF allowed approximately 120 journalists, 110
members of diplomatic missions and 750 employees of international humanitarian
organizations to enter Gaza, often after having to undergo complicated security
procedures, resulting in delays of several days for many of those allowed to
enter. 

 

 

 

 

 

– Prisoners’ Visitation Rights

 

For more than two and a half years, IOF have
prevented the families of Palestinians from Gaza detained in Israeli jails from
visiting their imprisoned relatives. There are approximately 900 Gazans detained in Israeli jails, and this
denial of family visits, imposed since 6 June 2007, is a violation of
international humanitarian law, particularly the Fourth Geneva Convention. PCHR notes that 150 of the prisoners from the
Gaza Strip had already been deprived of all visitation rights prior to June
2007. IOF justifies this deprival of
visitation rights with security concerns. The prison visitation program was facilitated by the International
Committee of the Red Cross (ICRC) until it was suspended by Israel. 

 

· Al-Mentar (Karni) Crossing

 

Developments relevant to al-Mentar Crossing during
the Reporting Period:

 

– Al-Mentar crossing was completely closed for imports and
exports to and from the Gaza Strip for 35 days (76% of the reporting
period). The crossing was partially
opened on 11 days (24%) to allow the entry of approximately 430 truckloads carrying
17,000 tons of grains, approximately 355 truckloads carrying 15,300 tons of
fodder, two truckloads carrying 66 tons of carob, and one truck carrying 25
tons of chickpeas.

– Between 13 June 2007, shortly after Hamas’ takeover of the
Gaza Strip, and the end of reporting period, al-Mentar crossing has been
completely closed on 714 days. 

– The continued closure of al-Mentar crossing has led to the
deterioration of humanitarian conditions of 1.5 million civilians in the Gaza
Strip.

 

· Nahal Oz Crossing

 

During the reporting period, IOF completely closed
Nahal Oz crossing, which is built for the delivery of fuel supplies, including
benzene, diesel, industrial fuel and cooking gas. On 4 January 2010, IOF officially informed
the Palestinian side about the total closure of this crossing. Before taking this decision, IOF had
obstructed the delivery of fuel to Gaza via Nahal Oz crossing and reduced the
delivery of industrial fuel and cooking gas to minimal levels. The Gaza Strip suffered from a severe
shortage of cooking gas as a result; many cooking gas distribution stations
were forced to shut down. The operation
of the Gaza Power Plant was significantly affected due to the severe shortage
of industrial fuel and various areas of the Gaza Strip suffered electrical
power outages. 

 

· Karm Abu Salem (Kerem Shalom) Crossing

 

– During the reporting period, Karm Abu Salem crossing was
partially opened on 32 days (70% of the reporting period), while it was
completely closed for 14 days (30%). PCHR notes that Karm Abu Salem crossing has been closed on 431 days
since 18 August 2008, the day the crossing was re-opened and designated by
Israel as Gaza’s main commercial crossing.

 

 

 

 

– During the day the crossing was partially opened, IOF
allowed the entry of 3,100 truckloads of humanitarian relief aid, including
food, blankets and medications offered by international humanitarian aid
organizations including WFP, ICRC, UNRWA, UNICEF and the Humanitarian Aid
Office of the EU. Food items for local
businesses were also allowed into Gaza via the crossing during the time of its
partial opening. 

– For the first time in one year, IOF allowed the export of 29
truckloads of strawberries and 19 truckloads of flowers.

– During the complete closure of the crossing, Israel
prohibited the delivery of humanitarian aid and basic foodstuffs. During its partial opening, the crossing
operated at reduced capacity, and the daily average of truckloads allowed to
enter Gaza was approximately 86 truckloads. 

– Fuel: Following the complete closure of Nahal Oz crossing,
which was previously used for the delivery of fuel supplies into the Gaza
Strip, IOF opened Karm Abu Salem crossing for the delivery of limited
quantities of fuel, which did not meet the minimal needs of the Gaza Strip’s
civilian population. A new fuel crisis
developed and affected many aspects of life in the Gaza Strip. The Gaza Power Plant is still operating below
its capacity due to the shortage of industrial fuel – its operation was halted
for several days due to the lack of fuel.[1] In addition, due to shortage of cooking gas,
distribution stations were forced to shut down, and were congested with empty
gas cylinders. The quantities of cooking
gas that were allowed into Gaza during the reporting period did not meet the
minimum level of civilians’ needs. PCHR
notes that large quantities of benzene and diesel continued to enter Gaza via
tunnels between Gaza and Egypt, while cooking gas could not be imported via
tunnels due to technical constraints. 

 

The delivery of fuel to Gaza during the reporting
period was as follows:

 

– IOF allowed the delivery of only 70,000 liters of
benzene. It should be noted that before
the decision to reduce the quantities of fuel supplies in October 2007, Israel
allowed the delivery of 120,000
liters of benzene to Gaza daily. 

– IOF did not allow the delivery of diesel to the Gaza Strip
during the reporting period. Before the
decision to reduce fuel supplies to Gaza, Israel permitted the delivery of 350,000 liters of
diesel to Gaza daily.

– IOF prohibited the delivery of cooking gas supplies to the
Gaza Strip for 15 days. IOF allowed
limited quantities of cooking gas (4,150 tons with a daily average of 115 tons)
to enter Gaza on 21 days. The permitted
quantities represent 32.9% of the Gaza Strip’s cooking gas needs for 21
days. It should be noted that the
inhabitants of the Gaza Strip need 350 tons of cooking gas daily. 

– IOF did not permit the delivery of industrial fuel, which is
needed to operate the Gaza Power Plant, on 15 days. IOF opened Karm Abu Salem crossing for the
delivery of 10,500,000
liters of industrial fuel, a quantity that sufficed to
operate the Plant at 83% of its capacity during the reporting period. It should be noted that Gaza depends on three
sources of power: the Gaza Power Plant, which provides 67-70 MW (34%); Israel,
which provides 120 MW (58.5%); and Egypt, which provides 17.5 MW (7.5%). The Gaza Power Plant is completely dependent
on fuel imported from Israel for its operation. 

 

 

· Sofa Crossing

 

IOF completely closed Sofa crossing throughout the
46-day reporting period. No basic
goods, including humanitarian aid for UNRWA and the World Food Programme (WFP),
were permitted to be imported during the reporting period. 

 

In addition, Israel banned the delivery of goods that
had been allowed into Gaza during the Tahdiya’ (lull in hostilities) between
IOF and Palestinian armed groups in the Gaza Strip, which entered into force on
19 June 2008, prior to the tightening of the closure and the Israeli military
offensive on Gaza that began on 27 December 2008. These goods included limited numbers of
cattle, soft drinks, cement, metal pipes, gas cylinders, wood, welding iron
bars and textiles, all of which had been banned for more than a year. 

 

Recommendations:

 

PCHR calls upon the international community, particularly
the High Contracting Parties to the Fourth Geneva Convention relative to the
Protection of Civilians in Times of War, to:

 

1. Exert effective pressure on Israel to compel it to open all
of Gaza’s crossings, those used for commercial purposes and those used for
civilian movement, to allow the civilian population of the Gaza Strip to
reconstruct the civilian property that was destroyed during Israel’s latest
offensive on Gaza, and to enable them to enjoy their fundamental civil and
political rights, as well as their economic, social and cultural rights. 

2. Promptly and urgently intervene to open Rafah International
Crossing Point for those who wish to leave Gaza, including hundreds of patients
who require medical treatment abroad, students enrolled at universities abroad,
holders of residency permits in foreign countries, and other humanitarian
cases, and so those who are stranded in Egypt to return to Gaza if they
wish. 

3. Promptly and urgently intervene to ensure respect for the
provisions of international humanitarian law and international human rights
law, in order to put an end to the deterioration of living conditions across
the Gaza Strip. 

4. Compel Israel to stop measures of collective punishment
against the civilian population of the Gaza Strip, including tightening the
closure of Gaza’s border crossings. 

5. Remind the State of Israel, the Occupying Power, of its
obligations towards the civilians of the Gaza Strip, under Article 55 of the
1949 Fourth Geneva Convention, which stipulates: “To the fullest extent of
the means available to it, the Occupying Power has the duty of ensuring the
food and medical supplies of the population; it should, in particular, bring in
the necessary foodstuffs, medical stores and other articles if the resources of
the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical
supplies available in the occupied territory, and then only if the requirements
of the civilian population have been taken into account”. The High Contracting Parties to the Fourth
Geneva Convention must fulfill their obligation under Article 1 of the
Convention, to ensure the implementation of convention’s provisions by the
State of Israel, in order to ensure the protection of the Palestinian civilians
of the Gaza Strip.  

 

 

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For more information, please contact the Palestinian
Centre for Human Rights at [email protected]
or +972-(0)8-282-4776.