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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