A/HRC/15/21 vessels entering the central zone were not allowed to approach closer than twenty nautical miles from the coast pending agreement on construction of a sea port for Gaza. Even though there was a breakdown in security cooperation between Israelis and Palestinians in the West Bank and Gaza Strip following the breakdown of bilateral peace negotiations in 2002, significant aspects of the Oslo Accords remain in force, including provisions related to the territorial waters off Gaza. 28. During the 1990s, following the contours of the peace negotiations, Israeli forces imposed periodic “closures” of the Palestinian areas, usually in response to suicide bombings inside Israel. These closures would last for a matter of weeks or months. Prior to the first peace accords, it was estimated that as many as 20,000 Gazans left the strip each day to work inside Israel, returning each evening. Closures impacted on the many families dependent on the wages earned by these workers. Restrictions imposed on Gaza following the Hamas election victory 29. Since the beginning of the Second Intifada in 2000, a progressive restriction of the access for Gaza fishermen to the sea has taken place. According to OCHA the latest expansion of the restricted sea areas can be dated to late 2008, on the eve of the “Cast Lead” offensive.11 Along most of Gaza’s coast, the restricted areas begin at three nautical miles from shore. Overall, OCHA states that Palestinians are barred access to 85 per cent of the sea areas on which they are entitled to carry out maritime activities and that Palestinian fishermen entering the restricted sea areas are regularly exposed to warning fire by Israeli naval forces and in some cases, directly targeted and that fishing boats are often intercepted by the Israeli military and confiscated. 30. Economic and political measures started to be imposed against the Gaza Strip in February 2006 following the Hamas election victory in the legislative elections, accompanied by the withholding of financial resources on the part of donor countries. The closure on the Gaza Strip was imposed by Israel after Hamas took control of the Gaza Strip in June 2007. In September 2007, Israel declared the Gaza Strip “hostile territory” and that the movement of goods into and out of Gaza would be restricted for security concerns as well as in order to apply pressure on the Hamas government “as part of the State of Israel’s operations against continuous terrorism.”12 Harsher fuel restrictions came into effect since October 2007. 31. In a petition to the Israeli Supreme Court,13 the legality of the decision by the Government of Israel to reduce the supply of electricity and fuel was challenged based on the argument that such cuts were inconsistent with the obligations of Israel under the Fourth Geneva Convention relating to the protection of civilians. In its response, the State 11 12 13 United Nations Office for the Coordination Humanitarian Affairs, occupied Palestinian territory (OCHA-oPt), Between the Fence and a Hard Place, (August 2010) “Hamas is a terrorist organization that has taken control of the Gaza Strip and turned it into hostile territory. This organization engages in hostile activity against the State of Israel and its citizens and bears responsibility for this activity. In light of the foregoing, it has been decided to adopt the recommendations that have been presented by the security establishment, including the continuation of military and counter-terrorist operations against the terrorist organizations. Additional sanctions will be placed on the Hamas regime in order to restrict the passage of various goods to the Gaza Strip and reduce the supply of fuel and electricity. Restrictions will also be placed on the movement of people to and from the Gaza Strip. The sanctions will be enacted following a legal examination, while taking into account both the humanitarian aspects relevant to the Gaza Strip and the intention to avoid a humanitarian crisis.” http://www.mfa.gov.il/MFA/Government/Communiques/2007/Security+Cabinet+declares+Gaza+host ile+territory+19-Sep-2007.htm Israeli Supreme Court, case HCJ 9132/07 – Al Bassiouni vs. Prime Minister. 7