A/HRC/5/20
page 15
hospitalized in Israel and three in Egypt. Of course some of the victims of the attack
were not among the dead or injured, for example, family members of those killed. For
these individuals, the possibility of them leaving Gaza was extremely limited. It is
fair to say, at this point, that the continued military occupation of Gaza itself was the
greatest factor frustrating the Mission, preventing as it did victims of the Beit Hanoun
incident from leaving the territory, and preventing the Mission from entering Gaza.
Thus, to meet with and assess the situation of victims and to address the needs of
survivors, the Mission had no choice but to travel to the occupied Palestinian territory
of Gaza;
d. Access to Gaza and to Beit Hanoun might have been possible via Egypt and the
Rafah Crossing, thus obviating the need for official visas to enter Israel. The Mission
investigated this possibility closely, and raised the issue with the Permanent
Representatives of Egypt and Israel in Geneva, with United Nations actors in Gaza
and with United Nations security officials. Ultimately the Mission reluctantly
accepted that entry via the Rafah Crossing was not feasible for a number of reasons:
i. First, the Rafah Crossing was only open to Palestinian trade and not
pedestrians. Further, from the 1st of June 2006 until the 11th of December 2006,
the Crossing had only opened 23 times, and in the month of November 2006
had only opened on 2 days;
ii. Second, crossing at Rafah required the cooperation of Israeli authorities, which
may not have been forthcoming in light of the statements to the Mission by the
Permanent Representative of Israel mentioned earlier;
iii. Third, at the time, the United Nations Department of Safety and Security did
not authorize United Nations missions to make the crossing at Rafah for
security reasons;
iv. Finally, entering Gaza via Egypt would frustrate the Mission’s desire to meet
with Israeli officials and organizations.
e. The Permanent Representative of Israel proposed that myself and Archbishop Tutu
enter Israel in our personal capacities rather than as members of a Mission constituted
by the Human Rights Council. This proposal was immediately rejected for a number
of reasons, principal among them being the following:
i. First, it would have effectively denied the mandate of the Mission and the
authority of this Council;
ii. Second, it would not have guaranteed access to Beit Hanoun, as the
cooperation of Israeli authorities would still be required to enter Gaza; and
iii. Third, it would have denied access to Secretariat staff, whose crucial assistance
to the Mission was mandated by the Council in its resolution.
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