A/HRC/12/48
page 85
324. The Mission asked the Government of Israel to provide information in relation to the
blockade on the Gaza Strip. It requested information on the criteria applied to determine which
good are or are not allowed to enter the Gaza Strip, the reasons for restricting or preventing cash
and bank transfers, the reasons for imposing restrictions on the ability of Gazans to leave the
Gaza Strip, including for urgent medical reasons, the reasons for the highly restrictive policy
permit applied to international donors, humanitarian and human rights organizations wishing to
enter the Gaza Strip, and the reasons and legal basis for establishing a limited fishing zone.
No reply was received on any of these questions.
325. The legality of some of the measures imposed by the Government of Israel (the reduction
in the supply of electricity and fuel) was the subject of a petition to the Supreme Court of
Israel.194 The petitioners comprised a group of NGOs operating within Israel together with
Palestinian citizens and groups who argued that the planned cuts in the supply of fuel and
electricity were inconsistent with the obligations of Israel under the Fourth Geneva Convention
relating to the protection of civilians.195 The Court’s ruling recognizes that Israel has obligations
under humanitarian law vis-à-vis the Gaza Strip under which the intended supply of fuel and
electricity was considered “capable of satisfying the essential humanitarian needs of the Gaza
Strip at the present”. The Court, however, did not indicate what would constitute “essential
humanitarian needs” and appears to have left those details for the authorities to determine.
326. The Mission holds the view that Israel continues to be duty-bound under the Fourth
Geneva Convention and to the full extent of the means available to it to ensure the supply of
foodstuff, medical and hospital items and others to meet the humanitarian needs of the
population of the Gaza Strip without qualification. Furthermore, the Mission notes the
information it received regarding the lack of compliance by the Government of Israel even with
the minimum levels set by the Israeli Court, and in this regard observes that the Government
retains wide discretion about the timing and manner of delivering fuel and electricity supplies to
the Gaza Strip, and that this discretion appears to have been exercised capriciously and
arbitrarily.
VI.
OVERVIEW OF MILITARY OPERATIONS CONDUCTED
BY ISRAEL IN GAZA BETWEEN 27 DECEMBER 2008
AND 18 JANUARY 2009 AND DATA ON CASUALTIES
327. This chapter provides an overview for the purposes of identifying the key parties in the
conduct of the military operations and their dynamics, and to indicate which incidents occurred
during those phases which are the subject of detailed analysis in this report. The focus is on the
Israeli military operations in Gaza.
Jaber Al-Bassiouni Ahmed et al. v. Prime Minister and Minister of Defense, case No. 9132/07, Judgement of 30
January 2008, available at http://elyon1.court.gov.il/Files_ENG/07/320/091/n25/07091320.n25.pdf.
194
Petition to stop electricity and fuel cuts to the Gaza Strip, 28 November 2007. The petition, related affidavits,
excerpts from the State's answers and excerpts from the Court’s decision are all available at: http://www.gisha.org/
index.php?intLanguage=2&intSiteSN=110&intItemId=742.
195
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