More Collective Punishment in Gaza

Israel continues to violate international laws and treaties as well as numerous UN resolutions by implementing the collective punishment of over one and a half million Palestinians living in the Gaza Strip. 

On October 28, the Israeli Defence Ministry ordered cutbacks in the shipment of fuel into Gaza.  According to the Ministry, fuel shipments would be cut by around 10 percent in retaliation for rocket attacks launched against Israel from within the Gaza Strip. However, within 24 hours of the announcement, Palestinian officials reported a cutback of 30 percent in fuel supplies. This resulted in increased intermittent power blackouts, further deepening the humanitarian crisis the area.

In addition, Israeli Defence Minister Ehud Barak said he would also authorize cutting electricity to Gaza for increasing periods, although the government has yet to implement this. Deputy Defence Minister Matan Vilnai warned that after the next rocket attack Israel will cut electricity by 15 minutes, increasing the duration if the attacks persist.  He said that Israel will “dramatically reduce” the power it supplies to Gaza over the next few weeks unless the attacks stop.

Gaza buys 60 percent of its electricity from Israel, with the rest coming from the area’s sole operating power plant. However, that plant was damaged extensively in June 2006 when it was struck by six Israeli missiles.  Since then, electricity has only been available for a few hours a day.

On the same day that the fuel cuts were announced, a group of 10 Palestinian and Israeli human rights group petitioned Israel’s Supreme Court asking for an immediate injunction against the cuts.  Their petition was denied. The groups have since requested an urgent hearing before the court to argue that the measure violates Israeli law. That hearing still has not taken place.

The Israeli measures clearly violate international law, which prohibits any government with control over a territory from withholding objects or services essential to the survival of a civilian population.  Israel also has obligations under international law as an occupying power to safeguard the health and welfare of the population living under occupation. Although Israel ostensibly withdrew from the Gaza Strip in August of 2005, it still controls Gaza’s airspace, sea and land borders as well as its electricity, water, sewage, telecommunications and population registry. As such, it is still considered to be and is effectively functioning as an occupying power.

Israel rejects this argument. Perhaps inspired by the American claim that declaring detainees being held at Guantanamo Bay as “enemy combatants” means that the prisoner-of-war provisions of the Geneva Convention do not apply, Israeli officials have said that their September declaration that Gaza is “hostile territory” means they are no longer obliged to supply utilities to the civilian population.

This is not the case according to Sarah Leah Whitson, the Middle East Director of the U.S.-based group Human Rights Watch. She recently told reporters: "A mere declaration does not change the facts on the ground that impose on Israel the status and obligations of an occupying power". She continued,  "Because Israel remains an occupying power, in light of its continuing restrictions on Gaza, Israel must not take measures that harm the civilian population – yet that is precisely what cutting fuel or electricity for even short periods will do.”

 


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