Continuation of the Gaza blockade

23. It is important to underscore at the outset the conclusions drawn by the report of the independent international fact-finding mission on the incident of the humanitarian flotilla. The report reached a series of conclusions that are likely to become authoritative so far as the international assessment is concerned and have some wider policy implications with regard to the continuing blockade and occupation of Gaza. Perhaps, the most important of these implications, as of 31 May 2010, is “the firm conclusion that a humanitarian crisis existed” at the time in Gaza on the basis of a “preponderance of evidence from impeccable sources” that “is too overwhelming to come to a contrary opinion”.[44] The report of the Mission further concludes that the existence of a humanitarian crisis is enough by itself to make the blockade “unlawful”[45] and, by extension, to regard the interception of the flotilla in international waters as a violation of international law.[46] It should be noted that the core unlawfulness of the blockade, quite independent of its overall humanitarian effects, is that it constitutes a clear, systematic and sustained instance of collective punishment imposed on an entire civilian population in direct violation of article 33 of the Fourth Geneva Convention. One dramatic further finding is “that a deplorable situation exists in Gaza”, such that action by humanitarian organizations to break an unlawful and cruel blockade of this sort is fully justified.[47] This is especially so when, as here, “the international community is unwilling for whatever reason to take positive action”.[48] Such an interpretation of the situation confronting the people of Gaza, and having persisted and worsened ever since Israeli sanctions were imposed in 2006 and dramatically escalated by the blockade established in 2007, is a powerful vindication of the humanitarian rationale for the flotilla offered by its organizers and denied by Israeli officials, who repeatedly refute that any humanitarian crisis exists in Gaza.

24. The Rapporteur has found that the situation of the civilian population in Gaza continues to be of critical concern. In 2010, Israeli uses of force resulted in 58 Palestinians killed in Gaza (including 22 civilians) plus 233 Palestinians injured (including 208 civilians).[49] Israel has declared a buffer zone that extends for 1,500 metres into Gaza from the border fence (comprising 17 per cent of Gaza), and Israeli military personnel fire at farmers and children who are pursuing normal peaceful activities close to the border.[50] Israeli naval forces also restrict Gaza fishing boats to three nautical miles from shore and fire warning shots should these boats go beyond this limit.[51] These characteristics of the ongoing Israeli relationship to Gaza are strongly confirmatory of the legal and factual assessment that Gaza remains an occupied territory.

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[44] A/HRC/15/21, paras. 261 and 263.

[45] Ibid., para. 261.

[46] Ibid., para. 262.

[47] Ibid., para. 275.

[48] Ibid., para. 276.

[49] OCHA-OPT, “Protection of Civilians Weekly Report”, 10–23 November 2010.

[50] See OCHA-OPT, Between the Fence and a Hard Place, (2010). See the next chapter for further on this topic.

[51] Ibid.

A/HRC/16/72

13

A/HRC/16/72

14

VI.

25. Despite the announced easing of the blockade after the flotilla incident of 31 May 2010, the dire humanitarian situation persists in Gaza.[52] Unfortunately, despite some selective easing of the blockade, its essential features persist with continuing hardship and hazard for the entire civilian population of Gaza.[53] The most recent statistics available, for instance, suggest that an average of 780 truckloads per week of humanitarian goods had entered Gaza in late November 2010 (as compared to 944 truckloads after the reported easing of the blockade on 20 June 2010) and this total was only 28 per cent of the weekly average before the blockade was imposed in June 2007.[54] According to a recent report by 25 non-governmental organizations, Gaza requires 670,000 truckloads of construction material to rebuild after the Israeli assault in January 2009. However, the Israeli authorities have only permitted an average of 715 truckloads per month since the “easing” of restrictions in June 2010.[55] At this rate it will take 78 years to rebuild Gaza, with a completion date in 2088. It is also notable that 53 per cent of the total import was for food items as compared to 20 per cent prior to the blockade, suggesting the decline of the non- food requirement for civilian normalcy. There has also been no increase in industrial fuel since the beginning of 2010. As a result, total available electricity is 40 per cent below the estimated daily demand of 280 MW.[56] Daily power cuts of up to 12 hours negatively affect such essential services as water supply, sewage treatment and removal, and health facilities.[57] Twenty per cent of Gazans have access to water only for one day out of five (and then for 6–8 hours), fifty per cent have access only one day in four; and a further thirty per cent every second day.[58] In September 2010, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) reported that, owing to the continuing blockade, it cannot meet the enrolment needs of 40,000 Gazan school children.[59] These facts demonstrate the persistence and unlawful character of the blockade, being both a form of unlawful collective punishment amounting to a crime against humanity and a denial of material necessities to a civilian population living under occupation in violation of international humanitarian law.

Abuse of children by Israeli authorities in the occupied territories

26. In 2010, there were several reports of the abuse of Palestinian children in the West Bank including East Jerusalem. It is recalled that children are treated as entitled to high

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[52] See Prime Minister Netanyahu’s Office’s statement following the Israeli Security Cabinet meeting, 20 June 2010. Available from www.mfa.gov.il/MFA/Government/Communiques/2010/Prime_Minister_Office_statement_20-Jun- 2010.htm.

[53] See generally Amnesty International UK et al, “Dashed Hopes: Continuation of the Gaza blockade”, 30 November 2010. See also Gisha, “Unraveling the closure of Gaza: what has changed and what hasn’t since the Cabinet decision and what are the implications?”, July 2010. Available from www.gisha.org/UserFiles/File/publications/UnravelingTheClosureEng.pdf. For further update, see also Gisha, “Facts Behind MFA Report on ‘Easing’ of Gaza Closure”. Available from www.gisha.org/index.php?intLanguage=2&intItemId=1890&intSiteSN=119.

[54] “Protection of Civilians”.

[55] “Dashed Hopes: Continuation of the Gaza blockade”.

[56] Ibid.

[57] Ibid. See also OCHA-OPT, “Gaza’s electricity crisis: the impact of electricity cuts on humanitarian situation”, May 2010.

[58] Ibid.

[59] UNRWA, “40,000 students turned away from UNRWA schools due to Gaza closure”, 15 September 2010.

standards of protection in situations of arrest or when enduring occupation. Article 37(b) of the Convention on the Rights of the Child provides: “The arrest or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time”. Article 76 of the Fourth Geneva Convention specifies that “Proper regard shall be paid to the special treatment due to minors”. Further, Article 77, paragraph 1, of the First Additional Protocol to the Geneva Conventions reinforces this legal obligation as follows: “Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of age or for any other reason”. The treatment by Israeli authorities of Palestinian children living under occupation does not at all comply with these provisions.