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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

IHL in the occupied Palestinian territory

Israeli control over the Gaza Strip

The Gaza Strip is still occupied (October 2009):

  • Israel continues to exercise control, although indirectly, over Palestinian movement in the Rafah crossing – the only exit outside of Gaza to countries other than Israel – namely Egypt.
  • Israel continues to exercise control over the movement of Palestinians, as well as goods, in the Kerem Shalom, Erez, Karni and Sufa crossings.  
  • Israel continues to have exclusive control over the airspace and the seashore.
  • Israel continues to regulate movement between the Gaza Strip and the West Bank.
  • The Gaza Strip and the West Bank are recognised by Israel in the Oslo Agreements and therefore function de facto as one territorial unit. Therefore, Israel’s continued control over movement between the two areas reflects the effective control over what happens in these two areas.
    Read more about the Oslo Agreements
  • Israel maintains control by means of heavy shelling.
  • Israel retains the ability to effectively conduct land incursions, as stated in the Disengagement plan itself.
  • Israel controls a buffer zone in the northern part of the Gaza Strip and does not allow Palestinian movement within 150 meters (de facto 500 meters) from the northern and eastern parts of the fence surrounding the Gaza Strip.  
  • Since June 2007 ("Operation Summer Rains"), there is Israeli Army (IDF) presence in the Gaza Strip.
  • Israel continues to control principal government and administrative functions, such as the population registry of Gaza and West Bank residents, electromagnetic fields (which impact Radio, TV and telecommunications), migration, trade, tax system, currency policies, water and electricity supply.
  • The PA's work, also in the Gaza Strip, is undermined by the above-mentioned continued Israeli administrative and government functions.

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Destruction in Khan Younis refugee camp, the Gaza Strip, July 2005

Destruction in Khan Younis refugee camp, the Gaza Strip, July 2005.
Photo: Matilda Svensson

Dugard Report 2006

"Statements by the Government of Israel that the withdrawal ended the occupation of Gaza are grossly inaccurate. Even before the commencement of "Operation Summer Rains", Gaza remained under the effective control of Israel."

Prof. John Dugard, Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967, September 2006.

 

Revised
18/10/2009 Ingela Karlsson ingela.karlsson@diakonia.se

International Humanitarian Law Programme

Diakonia Regional Office in Jerusalem
ihl@diakonia.se

Diakonia in Sweden
www.diakonia.se

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