AL-HAQ
PRESS RELEASE
FOR
RELEASE ON 12 SEPTEMBER 2006
REF: 27.2006E
11 September 2006
One Year after the 'Disengagement' ?
Gaza still Occupied and under Attack
One year ago, on 12 September 2005, Israel
completed its unilateral withdrawal from the Gaza Strip under the 'Disengagement
Plan'. In the year that followed, the Gaza Strip endured military incursions, shelling,
attacks on infrastructure, targeted assassinations, sonic booms, aerial
surveillance, border closures, and fishing restrictions. Also Israel retains
control of the civil population registry. The unilateral withdrawal aimed to establish
that the Gaza
Strip was no longer occupied, thereby relieving Israel of its duties as the
Occupying Power. In reality, Israel
has retained effective control of the Gaza Strip and consequently has never
ceased its occupation.
Israel continues to control Gaza?s land borders, air
space and territorial sea. It closes at will the border crossings regulating
the entry and exit of people, goods and services. In fact, external freedom of
movement has worsened since the withdrawal. In the year since 12 September 2005,
Karni Crossing, used for the transit of goods, was closed completely for a
total of 175 days and partially for a further 169 days. Since April 2006, there
have been severe humanitarian shortages in the Gaza Strip, including essential
medicines and food stuffs. The situation has been aggravated by restrictions on
the entry of humanitarian supplies and access for humanitarian workers. These
measures violate Israel?s
obligation to ensure the right to freedom of movement to, and to provide for
the well-being of, the civilian population of the Gaza Strip.
Since the unilateral withdrawal, Israel has actually increased its
shelling and its targeted assassinations of wanted Palestinians within the Gaza
Strip, especially since the beginning of large scale military incursions (Operation
'Summer Rains') on 28 June 2006. These attacks have killed 362 Palestinians,
the majority of whom were civilians, including women and children. The attacks
have also targeted private houses, educational institutions, charitable
associations, government ministries, and infrastructure such as bridges and
roads, as well as Gaza?s
main power plant, resulting in severely restricted power supply. By these
actions, Israel
has repeatedly failed to uphold its duty to distinguish between combatants and
civilians, as well as between military objectives and civilian objects.
On 9 July 2006, Israeli online newspaper
Arutz Sheva reported that Israeli General Yoav Galant, Southern District
Commander, described the purpose of Operation 'Summer Rains' as follows:
The IDF is ready for a long
operation involving raids. Within a month or two, the Palestinians will count
hundreds of dead terrorists, damaged infrastructures and destroyed offices.
When they make the overall calculation, I assume that they will think twice
before their next attack or abduction attempt.
The stated intention is to punish all Palestinians in the
Gaza Strip for an armed raid and rocket attacks against Israel carried out by a small
number of individuals. Those actions cannot justify Israeli military operations
such as indiscriminate shelling and sonic booms by low-flying military planes, which
affect the Palestinian population as a whole. Article 33 of the Fourth Geneva
Convention prohibits collective punishment of protected persons for an offence
they have not personally committed. By undertaking such measures, Israel is in
clear breach of this provision.
The events of the past year demonstrate
that Israel?s
occupation remains, and consequently its obligations as the Occupying Power in
the Gaza Strip. Nevertheless, there have been numerous breaches of these
obligations, and Operation 'Summer Rains' has done much to worsen the situation.
Ending occupation and respecting international law are fundamental prerequisites
for a durable solution to the conflict. On this day, one year after the conclusion
of Israel?s
unilateral withdrawal from the Gaza Strip, Al-Haq
calls on the High Contracting Parties to the four Geneva Conventions to
recognise Israel?s
continued occupation of, and responsibility for, the Gaza Strip, and to uphold
their obligation under common Article 1 to ensure Israel?s respect for the four Geneva
Conventions.
- Ends -